The Relevance Filter in Light of the
Primacy of Merits Adjudication and the Dikelogical and Nomophylactic
Functions of the Speci.
Name: ANA CLÁUDIA MOREIRA COUCE DE MENEZES
Publication date: 15/04/2026
Examining board:
Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Presidente |
| MARCO ANTONIO DOS SANTOS RODRIGUES | Examinador Externo |
| THIAGO FERREIRA SIQUEIRA | Examinador Interno |
Summary: This research examines the relevance filter in the special appeal, aiming to understand
how its regulation can be harmonized with the functions of this remedy and with the
fundamental procedural principle of the primacy of adjudication on the merits. The
dissertation is connected to the concentration area of the Postgraduate Program in
Procedural Law at UFES, relating procedural norms grounded in the Federal Constitution
to the filtering mechanism of the special appeal, in order to prevent the institute from
being in conflict with the primacy of adjudication on the merits, since it is through the
merits that the realization of substantive rights of patrimonial and existential nature is
made possible. The study is based on the problem of how to reconcile the functions of the
special appeal, notably its dikelogical and nomophylactic functions, as well as the
primacy of adjudication on the merits, with the relevance filter, which belongs to the
category of mechanisms for selecting cases for adjudication before the Superior Courts,
known as access filters. It is argued that this compatibility depends on the infraconstitutional regulation to be assigned to the relevance in the special appeal. A qualitative
approach with an exploratory purpose is adopted, through bibliographic review, doctrinal
analysis, and examination of normative and jurisprudential experiences related to case
selection mechanisms in the Superior Courts. The objective of the research was to
demonstrate that the relevance requirement can be structured in such a way as to enable
the rationalization of access to the Superior Court of Justice without compromising the
performance of its functions or the observance of fundamental procedural norms.
