Revista do Direito Público (Apr 2016)

General impact of the institute in extraordinary remedy and the new civil procedure code

  • João Luiz Martins Esteves,
  • Lucas Ferreira Santana

DOI
https://doi.org/10.5433/1980-511X.2016v11n1p163
Journal volume & issue
Vol. 11, no. 1
pp. 163 – 182

Abstract

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This work consists of a study on the extraordinary appeal and the admissibility requirement of General Repercussion. It focuses on analysis of the condition of General Repercussion as an intrinsic requirement of admissibility of the extraordinary appeal. It is appreciated the legal nature of the appeal requirement and compares the recent tool with the parameters previously established by law, with a brief history of the accusation of Relevance. Seeks to understand the elements considered for configuring the General Repercussion in the infra-constitutional legislation, specifically the provisions of Article 1029 et seq of the New Code of Civil Procedure. Finally, we analyze the Amicus Curiae figure, the procedure examination of the General Repercussion requirement and the main changes that the new Code of Civil Procedure will bring to the Institute.

Keywords