Os desafios da superação de precedentes no Código de Processo Civil de 2015: uma análise da aptidão da reclamação como instrumento de acesso aos Tribunais Superiores

Abstract

This research report seeks to analyze the challenges found to overrule precedents in the Brazilian Code of Civil Procedure of 2015, in light of the reform operated by Law 13.256 from 2016 that changed the admissibility system for special and extraordinary appeals. This change establishes the inadmissibility of the appeals if it is verified that the appealed decision is on the same way that precedents formed by the respective Superior Courts, authorizing only the filing of an interlocutory appeal to the special bench of the local Court. However, this provision ends up establishing a technical impossibility of access to the Federal Supreme Court and Superior Court of Justice, preventing the Courts from reanalyzing previously decisions, which can cause the imutabilty of their own precedents. For this reason, the work delas with the relevance of overruling in the precedents’ model to build a solid system, as well as its importance for the evolution of law. The work also verifies how the transformations in the abstract control of constitutionality, the objectification of the extraordinary appeal and the creation of the multiple appeals system caused a significant expansion of the Superior Courts’ functions, requiring mechanisms that enable the preservation of their competence and authority. In the meantime, it alludes to the complaint as the appropriate instrument for building an access way to Superior Courts, based on the analysis of its origins, limits and legal contours before and after Brazilian Code of Civil Procedure of 2015, in addition to the understanding and treatment given to the complaint by the decisions of these courts. Finally, the study presents and analyzes statistical data about the number of cases in progress in the Federal Supreme Court and Superior Court of Justice over the past few years to evaluate the impacts of the Brazilian Code of Civil Procedure of 2015 reforms on the number of complaints and appeals.