Banca de DEFESA: ALÉCIA DE ALMEIDA PAIVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ALÉCIA DE ALMEIDA PAIVA
DATE: 18/02/2025
TIME: 10:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

The role of Superior Tribunal de Justiça in developing a solution to the issue of concurrent jurisdiction and overlapping competences with Supremo Tribunal Federal.

KEY WORDS:

Concurrent jurisdiction. Overlapping competencies. Federal Supreme Court (STF). Superior Court of Justice (STJ). Precedent n. 126/STJ Judicial precedents

PAGES: 162
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The study analyzes the issue of concurrent jurisdiction and overlapping competencies between Superior Tribunal de Justiça (STJ) and Supremo Tribunal Federal (STF), highlighting the impacts of this dynamic on the efficiency of the Brazilian judicial system. The research begins with the structural reconfiguration of the Judiciary introduced by the 1988 Constitution, emphasizing the creation of the STJ, designed to relieve the STF's procedural overload and address exclusively non-constitutional matters. Through a historical and normative analysis, the study discusses the STF's initial resistance to the establishment of the STJ, the challenges in consolidating STF as a Constitutional Court, and the recognition of the STJ's legitimate role as the ultimate authority on nonspecialized infra-constitutional law. The dissertation also examines legislative developments, particularly Law 8,038/1990, the Civil Procedure Codes of 1973 and 2015, and the jurisprudence of both Courts, focusing on the simultaneous filing of special and extraordinary appeals. The study identifies STJ's Precedent n. 126, which prevents the analysis of a special appeal when an extraordinary appeal is simultaneously filed, as a critical point for overlapping competencies and hindering the effectiveness of the rule established by the 2015 Civil Procedure Code. The central proposal of the research advocates for the repeal of Precedent n. 126 as a measure to enhance clarity and efficiency in the appellate system. The conclusion emphasizes that, beyond normative adjustments, redefining competencies and strengthening the STJ's role as a Supreme Court are essential to avoid duplications, improve the application of precedents, and ensure the effectiveness of the judicial system in Brazil, aligning this work with the research project "Universalization of access to justice through the democratic practice of participation and expression of the other's perspective", authored by the Professor Doctor Daniela Marques de Moraes.

COMMITTEE MEMBERS:
Interno - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Interna - 2729067 - DANIELA MARQUES DE MORAES
Externa ao Programa - 3280011 - PAULA PESSOA PEREIRA - UnBExterno à Instituição - LUIZ GUILHERME MARINONI - UFPR