O Superior Tribunal de Justiça e os principais precedentes

Abstract

The Superior Court of Justice (STJ), known as the “Court of Citizenship,” was created by the 1988 Constitution of the Republic with the primary mission of being the guardian of federal law. Established on April 7, 1989, its creation was preceded by extensive debates on the functioning of the judiciary in Brazil, being largely a breakaway from the Federal Supreme Court (STF), which was overwhelmed with extraordinary appeals. The initial composition of the STJ included ministers from the now defunct Federal Court of Appeals (TFR) and was completed to reach a total of 33 lifetime ministers, appointed by the President of the Republic. The STJ has the “final say” in the judicial interpretation of federal law. Throughout its history, the STJ has undergone important innovations. Constitutional Amendment (EC) Nº. 45/2004, known as the Judicial Reform, changed the procedure for selecting ministers, requiring an absolute majority in the Senate, and transferred from the STF to the STJ the power to ratify foreign judgments and grant exequatur to letters rogatory. It also created the National School for the Training and Improvement of Magistrates (Enfam) and expanded the powers of the Federal Justice Council (CJF). More recently, Constitutional Amendment Nº. 125/2022 inserted the requirement of relevance of the issue of infraconstitutional federal law for the admissibility of special appeals (REsp), seeking to rationalize the exponential volume of cases, a trend also observed in the STF. This article highlights research by FGV that analyzes the impact on the number of cases in the STJ when the requirement of relevance of the federal law issue begins to be applied. It also compares the jurisdiction of pure cassation courts and the STJ in the analysis of cases, especially in appeals. As will be demonstrated, the STJ continues to consolidate itself as an essential court for citizens, adapting the law to social demands and protecting fundamental rights.