A repercussão geral e as Cortes locais: os impactos da repercussão geral na gestão e aplicação de precedentes pelo Tribunal de Justiça do Maranhão

Abstract

The present research, conducted in the context of technological innovations in the Judiciary driven by the Covid-19 pandemic, focuses on the impacts of the Brazilian precedent system on the Court of Justice of Maranhão, with a specific emphasis on General Repercussion. To achieve this, the Brazilian precedent system and the roles of both supreme courts and local courts in this system were initially studied. The study then addresses the extraordinary appeal with general repercussion, emphasizing changes in the deliberative process of the Supreme Federal Court (STF) through the use of the Virtual Plenary and practical aspects of the admissibility and conformity judgments to be carried out by local courts. Finally, by analyzing data from cases affected by precedents and the admissibility judgments of extraordinary appeals, extracted from the website of the Court of Justice of Maranhão, the PJe (Electronic Judicial Process system), the Statistical Panel of the National Council of Justice (CNJ), and the STF, an analysis of the impacts and behavior of the Court of Justice of Maranhão concerning general repercussion, as a type of mandatory precedent, was conducted. The research employed an inductive method, a legal-descriptive approach, and utilized quantitative, qualitative, and documentary research techniques. Thus, the research revealed that despite the commendable efforts of the Court of Justice of Maranhão to improve the management and application of precedents, there is still a need for investment in technological tools to enhance the precedent management system and ensure the accurate application of precedents, as well as the transparency of this information.