O cabimento dos embargos de divergência

Abstract

The research aims to demonstrate the motion for resolution of conflict in decision with a focus on the specific procedural element of pertinence of this modality in our legal system. Thus, we will investigate the general aspects of the motion for resolution of conflict in decision from the analysis of the historical elements when the creation of the institute and its purpose and classification in the Brazilian legal system as well. After, we will analyze the condition of admissibility of pertinence of the motion for resolution of conflict in decision, due to the complexities that derive from such requirement. To the study, we propose a merely academic division of the issues involving the appealed judgment and the judgment considered paradigm. The research continues with the study of the procedural aspects from the motion for resolution of conflict in decision in the Superior Courts, covering the trial, the applicable appeals against the decision reached in that trial as well as the impact of such decision in the Brazilian legal system, based on all the procedural legislation and rules in force. Finally, we will consider the pertinence of the motion for resolution of conflict in decision in the project of the new Code of Civil Procedure, due to the amendments proposed in the Bill n. 166 from 2010.