REQUISITO DA RELEVÂNCIA NO RECURSO ESPECIAL: Mecanismo de organização judiciária ou restrição no acesso à Justiça?

Abstract

Constitutional Amendment 125/2022 instituted the requirement of relevance in the Appeal Special filed with the Superior Court of Justice. The instrument, which seems to have the purpose of implanting in the Court a regime similar to that of the repercussion general appeal for the Extraordinary Appeal, existing in the Federal Supreme Court, since the Constitutional Amendment 45/2004. The objective of the research was to analyze the requirement of relevance that will be required in the Special Appeal, as such a mechanism inserts into the legal system and what developments can be expected from from its implementation, relating them to the right of access to justice and the development of law. The method used was the bibliographical research, from of a literature review and the analysis of documents produced in the course of the Proposed Amendment to the Constitution. As a result, it was observed that the creation of the new eligibility filter is an attempt to limit the number of appeals that reach the Superior Court of Justice. At the same time, it represents a change in the way the Citizen's Court positions itself and is perceived in the structure of the Judicial power. It was concluded that the establishment of the new recursive filter did not means, by itself, a restriction on access to justice, since there is no subjective right the review of Court decisions by the supreme courts. Furthermore, it was concluded that the mechanism can enable the Superior Court of Justice assume its true constitutional function: that of a court of precedents that contributes to the development of law, to legal certainty and to the guarantee of human dignity.