Recurso Especial e Recurso Extraordinário Repetitivos - Parte 1

Summary

In this video, the speaker explains the Brazilian legal process of repetitive appeals, focusing on special and extraordinary appeals under the 2015 Civil Procedure Code. The procedure is designed to efficiently address multiple cases with identical legal issues by selecting representative cases, thus avoiding redundant judgments. The speaker details the stages of the process, including case selection by local courts, suspension of similar cases, and the involvement of higher courts like the STJ or STF. Viewers are encouraged to engage with the content to help grow the channel and continue receiving free legal education.

Takeaways

• 😀 The video explains the Brazilian legal system’s procedures for 'recurso especial' (special appeal) and 'recurso extraordinário' (extraordinary appeal).
• 😀 The concept of repetitive appeals is introduced to expedite cases involving similar legal issues by consolidating them into one judgment.
• 😀 Repetitive appeals allow higher courts to focus on a single legal question, helping avoid the repeated litigation of the same issue across multiple cases.
• 😀 The process starts at the court of origin, where cases are selected based on their relevance to the legal issue at hand and forwarded to the higher courts (STJ or STF).
• 😀 Once the higher court receives the cases, it checks if the matter qualifies for a repetitive appeal. If so, all similar cases are suspended until the decision is made.
• 😀 Only cases with substantial legal arguments are selected for the repetitive procedure, ensuring a fair representation of the controversy.
• 😀 The procedure is not automatically binding; the higher court has the discretion to select its own cases for the procedure, independent of the originating court’s choices.
• 😀 The decision made by the higher court in a repetitive appeal applies to all similar cases nationwide, ensuring consistent legal outcomes.
• 😀 A suspension of all related cases is applied while the higher court makes its decision, ensuring no conflicting rulings are issued during this time.
• 😀 The speaker encourages engagement with the channel, highlighting the importance of likes, comments, and shares to help grow the educational platform.

Q & A

What is the main objective of the speaker's YouTube channel?

The speaker's main objective is to make the channel the largest legal education platform in Brazil by providing high-quality, free content on legal topics.

What is the primary purpose of 'recurso repetitivo' under the 2015 Civil Procedure Code (CPC)?

'Recurso repetitivo' is designed to streamline the judicial process by grouping and collectively deciding multiple similar cases to avoid repetitive rulings on the same legal issue.

How does the selection of cases for 'recurso repetitivo' happen at the local tribunal?

At the local level (either Tribunal de Justiça or Tribunal Regional Federal), the president or vice-president of the tribunal selects two or more admissible cases that represent the controversy at hand, to be sent to the higher courts for judgment.

What does the decision to 'suspend' cases mean in the context of 'recurso repetitivo'?

The suspension means that all other cases related to the same legal issue are put on hold until the higher court makes a decision on the 'recurso repetitivo'. This ensures consistency in rulings.

Can the higher court (STF or STJ) change the selection made by the local tribunal for 'recurso repetitivo'?

Yes, the higher court is not bound by the local tribunal's selection. It can choose other cases if it believes the selected cases are not appropriate or representative of the issue.

What is the role of 'decisão de afetação' in the 'recurso repetitivo' process?

The 'decisão de afetação' is the decision where the higher court identifies the legal issue to be decided, defines the scope of the judgment, and suspends all related cases across the country until the decision is made.

What are the conditions for a case to be selected for 'recurso repetitivo'?

The case must be admissible (meet the legal criteria for appeal) and contain comprehensive legal arguments that represent the broader issue to be decided. It should also be related to a multiplicity of cases with the same legal question.

How does the speaker explain the relationship between 'recurso especial' and 'recurso extraordinário' in the context of repetitive cases?

'Recurso especial' and 'recurso extraordinário' are both appeals that can be subject to the 'recurso repetitivo' procedure. The process applies to both types of appeal when they address the same legal issue, aiming to avoid repetitive rulings.

What happens if a case is found to be 'intempestivo' (out of time) during the selection process?

If a case is found to be 'intempestivo' (out of time), it may be inadmissible, and the president or vice-president of the tribunal may decide to exclude it from the selection for 'recurso repetitivo'.

Can a case selected for 'recurso repetitivo' be reconsidered by the higher court if the local tribunal did not initially identify the multiplicity of cases?

Yes, if the higher court identifies a large number of similar cases after the local tribunal has already processed the appeal, it can initiate the 'recurso repetitivo' procedure independently, even if the local tribunal did not recognize the multiplicity initially.