Artigo de Periódico
Reclamação para o STJ de decisões proferidas pelos Juizados Especiais Cíveis estaduais: quis custodiet ipsos custodes?
Date
2016Author
Fernando Gonzaga Jayme
Guilherme Costa Leroy
Thamiris D'Lazzari da Silveira
Institutions
Abstract
This paper examines the decision of the Federal Supreme Court (STF) that attributed competence to the Superior Court of Justice (STJ) to adjudicate complaints against decisions made by Small Claim Courts of Civil Procedure. In its judgment, the Supreme Court decided that, while the legislator does not create the court to uniform Jurisprudence of these Courts, the Superior Court of Justice shall exercise jurisdiction over the complaints to control the identity of the decision rendered by the appellate divisions of the Small Claim Courts of Civil Procedure and the jurisprudence of Superior Court. Two hypotheses are handled aiming to
demonstrate the unconstitutionality of this Complaint: the first raises the possibility of the Supreme Court render unconstitutional decisions; the other is the formal and material unconstitutionality of STJ Resolution No. 12/2009, issued to regulate the procedure of the Complaint within the STJ. Both lead to the conclusion that the Supreme Court misinterpreted the system of the Small Claim Courts of Civil Procedure.