The question of missing or lack of rebound: examination of art. 324, § 2, ristf, to articles 1032 and 1033 of the cpc / 2015

Abstract

EC 45/04 modified the Brazilian system of judicial review of constitutionality by diffuse way, requiring, as a condition of admissibility of the extraordinary appeal, the statement of the general repercussion of the constitutional issue. STF has perceived inability to judge, expeditiously, the causes submitted to it. Various mechanisms, such as the general implications, have been created to alleviate this situation. Will examineted one of the infra-constitutional rules of general repercussion and make the same confrontation with the new CPC/ 2015. Finally, sustain the hypothesis that the practical effect of the regimental rule was mitigated or even removed by CPC/2015.

Keywords

• Controle jurisdicional
• Repercussão Geral
• Crise do Supremo
• Regimento Interno do STF
• CPC/2015.