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The Federal Supreme Court (SFT) totals 1 million REs and AREs received

The Brazilian Federal Supreme Court (STF) arrived this week at the mark of 1 million Extraordinary Remedies (REs) and Extraordinary Appeals with Agravo (ARs) received in the Court. The number was reached with an ARE, type of resource inserted in the Civil Code by Law 12.322 / 2010 to replace the interlocutory appeal - and that remains in force in the CPC of 2015.

The extraordinary appeal is used to appeal to the STF against decisions taken in a single or final instance, when the appelant maintains that the act questioned contravenes constitutional provision, or when the decision at issue declares the unconstitutionality of a treaty or federal law, deems valid law or act of local government contested under the Constitution, or if it judges valid local law challenged in the face of federal law, according to article 102, item III, of the Federal Constitution. In order for the RE to be admitted, the constitutional matter must have been previously questioned, which means, the contested decision must necessarily have addressed the matter that will be brought to the STF.

If it considers that the requirements for the processing of the RE have not been fulfilled, the President or Vice-President of the court of origin may refuse to comply with the appeal. Against this decision can be filed appeal, passing the assignment to verify the attributes of recourse directly to the STF.
The AER, in turn, succeeded the interlocutory appeal as a way to access the STF when the instance of origin denies the rise of an extraordinary resource. In addition to the change in name, the most substantial modification is in relation to the processing of the appeal, which has become less bureaucratic. In practice, the offenses, which were presented separately, came to be presented in the file in the main proceedings. In the previous system, it was necessary to form the set of pieces with copies of certain parts of the records (the judgment, for example) to then only refer the complaint to the higher court. Only if the appeal were granted would all the cases be heard. In the present form, the complaint is filed, the files are immediately forwarded to the STF, allowing a faster analysis of the case.

When received an ARE, the rapporteur justice of the Supreme Court has the possibility of not hearing the appeal if he considers it inadmissible, prejudiced or understand that the grounds of the contested decision have not been specifically challenged. The rapporteur may also dismiss appeals that are contrary to a summary or judgment handed down by the Supreme Court.

Once the procedural steps have been passed, if the rapporteur grants the ARE to the process to have a procedure in the Court, the appeal will be converted into an Extraordinary Appeal (EA), which may be taken to the virtual plenary to verify if the topic dealt with therein presents general repercussion, as established in article 102, paragraph 3, of the CF. In an electronic system, ministers analyze whether the issue dealt with in the appeal is relevant from an economic, political, social or legal point of view, beyond the interests of the parties involved in the process, so that the merits of the case are judged.

The ARE number 1,000,000, which refers to a request for readjustment of remuneration formulated by a soldier of the Military Police of Bahia, was distributed to Minister Marco Aurélio. In the case, the Court of Justice of Bahia (TJ-BA) maintained a decision that recognized the right to readjustment. The state of Bahia filed an extraordinary appeal, but the court decided that the matter should not be examined by the STF. From that decision, the Bahia government filed the ARE.


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