Cortes supremas: estudo histórico-comparativo e as perspectivas com a introdução do filtro de relevância no juízo admissibilidade do recurso especial

Abstract

The Brazilian Judiciary has denied citizens the right to receive equal treatment before judicial decisions. Trapped by theoretical assumptions dating back to the nineteenth century, the courts in Brazil believe that they treat Brazilian citizens in a equal manner while maintaining uniform jurisprudence. This model is exhausted and the most modern legal theories propose a different model that has been successful in the United States and Germany: the supreme courts model. Faced with the frustration observed in recent years with the failure of the relevance filter in the extraordinary appeal, addressed to the Federal Supreme Court, the national legal community pays special attention to PEC n. 209/2012, in which the derived constituent intends to introduce the relevance filter into the admissibility judgment of the special appel, brought before the Superior Court of Justice. With the recent promulgation of a new code of civil procedure, which mixes common law precedents with traditional Brazilian precedents and jurisprudence, the interest in the study of civil procedural law is renewed, especially in order to provide additional knowledge that contributes to the success of the latest legislative innovation. We believe that the success of the precedent system desired by NCPC/2015 depends on the correct use of the relevance filter in the admissibility judgment of appeals addressed to our higher courts. From the legal theories of Luiz Guilherme Marinoni and Daniel Mitidiero, the dissertation elaborates a comparative historical study about the vertex courts and reaffirms the need to reserve them only the most relevant issues for society.