A objetivação do recurso extraordinário

• Autor(a) principal: Borghi, Bruna
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/29742
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Supremo Tribunal Federal; Recurso extraordinário; Objetivação; Brazilian Supreme Court; Extraordinary appeal; Objectifying

The Brazilian Supreme Court is currently overwhelmed with countless extraordinary appeals, which create a backlog of cases that hinders the Court’s performance both as “Guardian of the Brazilian Constitution” and technical-political body. In a recent attempt to alleviate such burden, the Supreme Court has adopted the concept of “objective decisions”, or holding that some decisions do not apply solely to the matter being discussed, but rather to a whole set of cases with similar characteristics, therefore granting ultra partes and/or binding effects to similar cases. Within this context, the present work aims to study the phenomenon of “objectifying” extraordinary appeals, so as to better understand the procedure behind such characterization, as well as what are the consequences for the parties and for the citizens under the Court’s jurisdiction. In order to reach such goals, this research goes beyond the analysis of doctrine research on the matter, also studying applicable case law, in an attempt to better understand how this universal effects of decisions work in practice. Results show that “objectifying” extraordinary appeals is a current trend that, despite being criticized by scholars for being capable of mitigating judges independence to decide and making it harder to change case law, is legally supported by the principles of legal safety, celerity, equality, efficiency and effectiveness. All principles that are currently being put aside by the Brazilian Judiciary in an attempt to better deal with its overload. Especially, it is shown that case law can still be changed as it is still allowed to the parties and to the judge to demonstrate the reasons why a given objectified decision should not be applied to a concrete case. Furthermore, as the case law is dynamic, there will always be the possibility of reviewing a given thesis, suspending the applicability of the former decision and enabling that a new case is also applied to similar cases on the matter