Revista de Direitos Humanos e Efetividade (Jun 2016)
Extraordinary Appeal´S General Repercussion and Third Parties in the Constitutional Jurisdiction
Abstract
General repercussion, aiming to fight excess of extraordinary appeals and unifying jurisprudence through serial rulings, reveals an essential technique to make collective rights feasible. However, recent procedural legislation gave powers to decide on the matter (exercising the admissibility appraisal of the extraordinary appeal) to the lower courts, taking it from the Brazilian Supreme Court, at the same time only accepting organizations as thirdparties. This situation goes against the Democratic Constitutional Procedure paradigm, signaling this work´s goal: to redesign the situation starting from the Open Society of Interpreters theory and from the legal procedure as a theory of the democratic ruling.
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