Juízo de Reconsideração: uma análise sistemática e procedimental do art. 1.040, II, do CPC, à luz do princípio da segurança jurídica

Abstract

Once the current panorama of intense litigation and the legislator's directly proportional concern with the stability and coherence of jurisdictional pronouncements has been outlined, this dissertation dedicates its lines to one of the standardizing mechanisms listed in the 2015 Code of Civil Procedure, the repetitive extraordinary and special appeals. From brief considerations about the procedure that, peculiarly, requires a direct dialogue between the higher courts and the courts of origin, the focus is directed to the specific point of the reconsideration judgment, regulated in art. 1.040, II, of the Code. Through the study of paradigmatic cases analyzed in Brasília and statistical data obtained from the State of Rio de Janeiro Court of Justice, this work’s core rests on the proposal to develop a unified procedure for the institute, in order to standardize its treatment at local courts.