Repercussão geral em matéria criminal: as decisões de mérito do Supremo Tribunal Federal entre os anos de 2007 e 2020 à luz da responsividade do sistema de justiça

• Autor(a) principal: Cavagnari, Rodrigo Jacob
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3061
• topic: Brasil. Supremo Tribunal Federal; Repercussão geral em matéria criminal; Sistema de justiça responsivo; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

In the last two decades, the Brazilian Supreme Court reveals being concerned about the efficiency of jurisdictional provision. During this period, the Supreme Court’s management focus was to struggle the slowness of the Judiciary work. As a result, the number of decisions by the Court increased. In 2004, with the Constitutional Amendment 45, the institute of general repercussion was created, which serves as a hermeneutic filter for the analysis of extraordinary resources. From the year 2007, when this institute was implemented, only the resources that go beyond the subjective interests of the process, and that lead to the Supreme Court relevant issues from an economic, political, social or legal point of view, are admitted with general repercussion. Efficiency, however, does not reside only in the quantity, but also in the quality of the motivations of the judgments by the Supreme Court. It is for this reason that this research analyzes the rationes decidendi of precedents decided in terms of general repercussion. The research takes place in cases judged between 2007 and 2020, in the criminal matters. In the data search, fortytwo cases were found under this classification. The theoretical framework used for data analysis involves the characteristics of justice systems from Nonet/Selznick; by the concept and characteristics of the institute of general repercussion; by the concepts of precedent, ratio decidendi and innovation; and, by the principles of judicial motivated decisions, reasonable length of proceedings, cooperation with the Court. The conclusions of the research verify, firstly, if the rationes decidendi of these precedents present valid motivation on the general repercussion, and, secondly, if they are reliable with a responsive justice system, under a propositional and innovative bias.