Os Embargos de Divergência e o papel dos Tribunais Superiores na unidade da jurisprudência

Abstract

This dissertation focuses on the analysis of the treatment given to the appeal for review of jurisprudential divergence in the Brazilian Civil Procedure Code of 2015, addressing not only the relevant legal provisions but also the functions performed by the Supreme Court and Superior Court in the context of the Brazilian Judiciary. This study aims not only to examine the formal aspects of the appeal for review of jurisprudential divergence but also to look over on the practical implications of jurisprudential divergence and the impact of the culture of precedents in the Brazilian legal sistem. By analyzing the hypotheses of admissibility and other relevant procedural aspects of the appeal for review of jurisprudential divergence, the research seeks to contextualize these resources considering the current function of the Supreme Court and Superior Court, elucidating their role in unifying jurisprudence and ensuring legal certainty. Finally, the final part of this dissertation aspires to examine how the appeal for review of jurisprudential divergence are treated in practice, as an instrument capable of granting judicial protection for the specific case or as a mechanism with a harmonizing and unifying reach of jurisprudence.