Repercussão geral: solução para a crise do Supremo Tribunal Federal?

Abstract

The overall impact on the extraordinary appeal, which was initially brought in the constitutional amendment # 45/04 that inserted § 3 of Art. 102 of the Federal Constitution, aims to solve the so-called Supreme Court crisis, installed in Brazil for over a century. It is known that, somehow, all attempts to solve this intricate problem have failed so far. In this context, we intend to investigate whether the institution of general repercussion in extraordinary appeal is an effective tool to circumvent the crisis. The theoretical mark of the present work is the understanding, developed by Professor Aroldo Plínio Gonçalves, of the Process as a procedure performed in contradictory. In addition to that, the revolutionary concept of the warranty of the contradictory will be adopted. This concept was brought by the Minister Gilmar Mendes Ferreira who voted in the MS 24 268 (17.09.2004 DJ, RTJ 191/922), which became the precedent for the Statement # 3 of the SFC Binding Precedent. From this perspective, the broad applicability and the strength of the precedents will be defended, as long as they are formed in a discursive way, ensuring the participation of society. It will be concluded that the overall impact is not able to solve the crisis of the Supreme Court, in spite of the advances made by it. To do so, a retrieval of the origin, formation and role of the Brazilian Supreme Court will be done, visiting the jurisdictions of Germany and the UK as well. In the sequel, it will proceed to a theoretical study of general repercussion of the institute, with the definition of its contours, coping with the present controversial issues of doctrine, with the analysis of comparative law and its reflection in the control of constitutionality laws. The methodology of the work will also involve conducting a quantitative and qualitative analysis, the first based on the collection of statistical data available on the Supreme Court, and the latest, most comprehensive, related to the formation of the precedent. That way, through research, this work will promote a review that incorporates both failures or distortions as the positive achievements of the institute of general repercussion to, eventually, suggest changes and adjustments.