A Emenda à Constituição Federal nº 125/2022 e seus impactos sobre a função exercida pelo Superior Tribunal de Justiça

Abstract

This study aims to analyze the Amendment to the Federal Constitution nº 125/2022 and their impacts to Superior Court of Justice’s function. The object is linked to the Postgraduate Program in Procedural Law at the Federal University of Espírito Santo’s concentration area "Justice, Process and Constitution" as it is based on the analysis of the new admissibility requisite of the special appeal created by EC nº 125 regarding the requirement to demonstrate the relevance of the infraconstitutional federal law issues discussed in the case, which has a clear procedural and constitutional bias, in addition to relating to the conception of justice affects the provision of judicial protection by the Superior Court of Justice. In this line, the research problem is precisely related to the impacts of the EC on the role played by the STJ, so that the work aimed to understand such repercussions, especially from the perspective of approximation or distancing of the STJ from a model of vertex cutting with private and reactive performance or a vertex cutting model with publicized and proactive performance. To this end, initially, and through bibliographic research, two models of vertex courts were exposed: a first model aimed at exercising a repressive control of legality and a privatist function, and a second model with emphasis on an activity interpretive and standardizing, imbued with interests that go beyond those parts in a specific case. Then, aspects related to the processing of the Proposal for Amendment to the Constitution were presented, which, after being approved, resulted in the publication, on 07/15/2022, of the Amendment to the Constitution object of this study, which was done based on bibliographic and normative research, and on parsing the legislative process underlying the EC. In the end, from the bases built previously and from bibliographic research, it was examined the impacts derived from the creation, by the Constitutional Amendment in vogue, of the requisite of admissibility of the special appeal of relevance of infraconstitutional federal law issues on the function performed by the Superior Court of justice. It was concluded that the new requirement of admissibility of the special appeal instituted by the Constitutional Amendment brings the Superior Court of Justice closer to its function of granting meaning and defining the adequate interpretation to be made in relation to infra-constitutional federal legislation and removes it from a function privatization related to the correction of the application of the law in each specific case to meet the private desires of the jurisdictions.