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.
