Prequestionamento como pressuposto de admissibilidade dos recursos extraordinÃrio e especial

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

This paper aims at investigating the prequestioning as an essential presupposition for the admission of the special and extraordinary appeals before the Supreme Federal Court and the Higher Court of Justice, respectively. The summulas 282 and 356 of the Supreme Federal Court and the 211 of the Higher Court of Justice, which deal with the non-appreciation by the a quo Court in respect of constitutional or federal dispute â brought into the appealed decision â establish the prequestioning as a support to the appealing ward. All in all, without targeting at the exhaustion of the proposed theme, we approach the matter as from the principle notion of the double degree of jurisdiction as being the support to the appeal, its characterisation, history, bases, concept and, finally, our appealing system with its judges of admissibility and merit. In the study sequence, we enumerate the special appeals as well as their admissibility requirements. Going ahead, we discussed the existing divergences in the use of the pre-questioning of this important juridical institute, which results from the compiled jurisprudence of the Supreme Federal Court and the Higher Court of Justice. Finally, we understand that the divergence can be withdrawn if the Supreme Federal Court and the Higher Court of Justice unify their understandings, establishing a common point as to the prequestioning institute

ASSUNTO(S)

sÃmula recurso jurisprudÃncia prequestionamento appeal prequestioning summula direito jurisprudence

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