Da repercussão geral: investigação sobre os aspectos processuais civis do instituto e a mudança de perfil imposta por seu advento ao recurso extraordinário brasileiro

Abstract

The main objective of this thesis is analyzing the institute of the reper-cussão geral (general repercussion), introduced in the Brazilian legal system by the Constitutional Amendment nº 45, passed in 2004, in a civil procedural law approach, highlighting, especially, the profile change in the extraordinary appeal set out by the coming into force of such institute. Claimed by the Federal Supreme Court since the promulgation of the Constitution of 1988, and enacted in 2004 as a solution to the surplus of appeals examined by that Court, the general repercussion is rooted in American law, since it is evidently inspired by the writ of certiorari in force in that country. The approach herein made respected fundamentally five bases: i) a historical and political outline of the Brazilian system of federal law standardization; ii) a research in the comparative law for similar institutes, in order to provide a dynamic view of the application of the Brazilian variant; iii) an identification of the criteria already used in Brazil and in other countries for applying the institute, still based in the comparative law, but also under the light of the past regimen of the argüição de relevância (relevancy arguing); iv) a statement of the strictly necessary theoretical civil procedure law foundations, relating to the general theory of appeals and to the extraordinary appeal proceeding, in order to contextualize the institute s background; v) identification of the constitutional and legal contours of the institute, raising problems, and proposing solutions for them. The aimed result of this effort was the elaboration of a methodic study, based on wide national and foreign bibliography, which intended to systematize ideas that are still loose in the few publications about the subject, especially because of its novelty