Repercussão geral e Supremo Tribunal Federal: deficiências da modelagem atual e propostas para o aprimoramento do instituto

Abstract

This dissertation seeks to foster discussions about the general repercussion, more specifically, on the development of proposals that can be implemented by the Supreme Court to improve the appeal filter created by Constitutional Amendment n. 45/04. From a descriptive analysis of the Supreme Court jurisprudence, an overview on the way the court is dealing with the general repercussion was drawn. Then, were identified some problems which have prevented the mechanism from reaching its main purposes, which are rationalize the court work and reduce the number of cases arriving each year to the last instance of the Brazilian courts. Completed the initial diagnosis, the last step was formulate proposals that could solve the barriers faced with, in order to feed the debates around what could be done by the Supreme Court to overcome them or, at least, reduce its effects on litigants.