Name: GUSTAVO CESAR DE MELLO CALMON HOLLIDAY
Publication date: 06/05/2016
Examining board:
Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Internal Examiner * |
| SAMUEL MEIRA BRASIL JR | External Examiner * |
Summary: Reclamacão as a Constitutional Institute, first appeared in 1952 with a decision of the Supreme Court. Since it was established into the Brazilian Law, it has undergone several changes. The Reclamacão, was first regulated by Law 8.038/90 and latter introduced into the new Code of Civil Procedure - Law 13,105 / 2015 - as rule of law policy, expansion and explanation of the assumptions of its suitability, in order to make the process faster while providing greater legal certainty, that it is the instrument to safeguard the court decisions authority, including the binding precedents issued by the Supreme court, and also to preserve their jurisdiction. For this reason, the RECLAMAÇÃO is considered the supreme guarantee. With the RECLAMAÇÃO in the new procedural code, complains started to have greater importance with greater scope being allowed in all courts. The RECLAMAÇÃO was chosen as the procedural instrument responsible for ensuring system's stability, in order to maintain the coherence of the legal system, constituting a mechanism to ensure the soundness of precedents, as expressly provided in section 926 of the 2015 Code of Civil Procedure. On the other hand, there is concern about the impact of the expansion of the appropriateness of filing complaints with the hypothesis that the new Code of Civil Procedure provides, as is natural increase in the number of these demands and resources inherent to the procedure, especially the original jurisdiction of the Supreme Court, against the inexorable trend of creating new binding precedents over time.
Keywords: Reclamação Constitucional. Procedural Law. New Procedural Law Code of Brazil.
