ACCESS TO JUSTICE AND NEED FOR PRIOR ADMINISTRATIVE REQUIREMENT: INTEREST AS A CONDITION OF ACTION - COMMENTS ON EXTRAORDINARY APPEAL NO. 631,240, REPORT OF MINISTER LUÍS ROBERTO BARROSO

• Main Authors: Aluisio Gonçalves de Castro Mendes, Jorge Luis da Costa Silva
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2020-12-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: access to justice; interest in the suit. previous administrative application; action conditions; court precedents; legal pragmatism
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/54199/34871
• ISSN: 1982-7636

This article analyzes the conducting vote handed down and the bench decision issued by Minister Luís Roberto Barroso, on the occasion of the judgment of Extraordinary Appeal No. 631.240 / MG by the Federal Supreme Court. The work is divided into three parts, the first being the previous application and administrative rejection as a condition of access to justice; then, reflections on the construction of precedents, taking into account the need to promote democratic procedural openness, the precise and adequate wording of the legal thesis and the modulation of its effects; and, finally, there are some aspects of legal pragmatism present in the vote under analysis.