Modulação temporal dos efeitos de julgamento de recursos extraordinários e de recursos especiais

Abstract

The present work examines the possibility of temporal modulation on judgement in extraordinary appeal by the Supreme Court and special appeal by the Superior Court of Justice, Courts which are responsible for the uniform interpretation of the Federal Constitution and the Federal Laws. Firstly, the principles applicable to the subject will be studied, considering the the Constitutional Model of Civil Procedure Law. The issue of temporal modulation is relevant considering the importance, at present, given to judicial precedents, considering the desire for stability, predictability and juridical safety, the theme of the second chapter. The intertemporal law analysis is required for application of law, especially in doubt in a given period of validity of the new law. The Code of Civil Procedure Designed will be examined and it will be brought the regulations relating to the subject of the research. Such subjects before studied are used as the basis for the construction of the thesis about the possibility of temporal modulation in extraordinary and special appeals, emphasizing the concentrated and diffused control of constitutionality, the jurisprudential orientation of the Supreme Court and the Superior Court of Justice, as well as standards for application of temporal modulation and modification of jurisprudence