O novo juízo de admissibilidade nos Tribunais Superiores para o recebimento dos recursos especiais e extraordinários interpostos

Abstract

This research paper describes the current crisis in the Brazilian Judiciary and the ways lawmakers have found to try to solve it. Measures adopted before the 1988 Federal Constitution (like the “inclusion of significant substance” issue) are discussed. The creation of the Superior Court of Justice by the 1988 Constitution as a way of relieving pressure on the Supreme Court is evaluated, as well as the allocation of responsibilities. The 45th Constitutional amendment (2004) and the laws stemming from it are discussed. The “broad repercussion” device adopted by the Supreme Court is brought to light. The Superior Court of Justice’s procedure for blocking appeals is exposed. The true role of the International Courts is mentioned. The efficacy of these recently created measures is analyzed, as well as their results. New proposals complementing the search for real jurisdictional protection are studied; constitutional principles, their preservation and/or the lack of deference for those principles by the very norms created to speed up decisions, are weighed