As funções do recurso especial e a natureza jurídica do filtro da relevância: requisito de admissibilidade ou mecanismo de formação de precedentes?

Abstract

The purpose of this paper is to analyze the legal nature of the filter of the relevance of the question of federal law, introduced by Constitutional Amendment 125/2022, which may take on two facets, functioning as a specific individual requirement for admissibility of appeals and an instrument for the formation of precedents, inserted into the microsystem of repetitive demands, as occurs with the general repercussion. It is observed that the matter is not unanimous in the doctrine and that the Bills presented by the STJ and the Federal Council of the OAB move in opposite directions. First, the development of the functions of the special appeal throughout history and the legislative changes that occurred, especially with the CPC/2015, are studied to demonstrate the notability of the paradigmatic and standardizing functions and their relationship with the filter of relevance. The next step is to study the reasons that gave rise to the creation of the filter and its relationship with the workload and the exercise of the functions of the STJ. The process of objectifying the special appeal is addressed in the context of valuing the paradigmatic and standardizing functions and its association with the relevance filter. From then on, the functioning of the filter is analyzed as a specific requirement for the admissibility of the appeal and as a technique for forming precedents, considering its positive and negative aspects, in order to infer which will be the best path to follow, capable of contributing in a pertinacious way both to the management of processes and to the promotion of legal certainty and the rationalization of the functions of the STJ. It is concluded that the use of the relevance filter as a specific individual requirement for admissibility and as a technique for forming precedents are fundamental for the management of the number of processes and for the standardization of federal law, so that it is intended that they work together. In this context, the formation of a binding thesis is beneficial for the justice system, as long as the necessary precautions are taken in its application, considering the dangers that its excessive use can entail and taking into account the specificities of Brazilian law, which prevent us from adopting a system of precedents along the lines of common law