Prequestionamento implícito nos recursos excepcionais

Abstract

This study begins with an allusion to the historical part of pre-questioning, its concept, its legal nature and all forms of pre-questioning existing at doctrinal and jurisprudential understanding. It discusses the obligation of pre-questioning on Extraordinary Appeal and Special Appeal with binding preceding validation on the matter. It also includes explanation on the core study of pre-questioning implicit at Extraordinary Appeal and Special Appeal, its acceptance at the Supreme Federal Court and at the Superior Court of Justice where specific analysis on each Court is given. The appropriateness of the pre-questioning for Motion of Clarification, its importance at the legal scale focusing Extraordinary Appeal and Special Appeal in light of decided legal cases, the specific understanding and interpretation of the Superior Court, its acceptance and practical effects, divergences and doctrinaire understanding on the matter are also demonstrated. The conflicts on the Court Precedents are also adduced. Concept, doctrinal and jurisprudential understanding on issues of public policy will also be studied. In closing, the main points of this study as well as proposed changes that are shown to be key to the legal daily practice are presented