Resources Repetitivos law against starting to work!

Posted by jrodholfo

September 29, 2008

Main criticism of the Judiciary, the delay was a blow of the Superior Court of Justice (STJ) this month. In just 12 days, a special feature of the Second Section was tried and had published its ruling, which is worth in practice the decision. This is not a question any, but the first appeal which was applied in the recent Law of Repetitive Resources (Law n.11.672/2008), the main tool designed to wreak the STJ.

Now, with hundreds of cases similar argument need not be brought to justice collective and may be decided by individual ministers. For the president of the Section, Nancy Andrighi minister, the expectation is that the law works effectively for the reduction of resources in the STJ. "Once the peace issue, the resources should not spend most of the second instance, which should help reduce the number in process in STJ," he says.

When an appeal has been identified as special rapporteur by repetitive Aldir Passarinho Junior minister, all other similar cases have been suspended not only in the STJ, and in the Courts of Justice (ECJ) and the Regional Federal Court (TRF). The measure is required by law.

On Sept. 10, nearly a month after the start of the validity of the law, the Second Section set: a telephone company may charge for providing certificates of corporate data contained in books. These documents are required for entry of future legal action. It was also established that the individual must formally request the documents to the company by administrative means.

The decision of the Second Section 212 reaches the resources that had suspended proceedings before the Court of Rio Grande do Sul until the trial of the STJ. You state that most of the resources that reaches the Supreme Court on the issue.

Issue decided

Exactly 12 days after the trial and after about 45 days since the term of the law, was published in the Journal of the ruling Justice, which is the decision of the Section. According to the minister Aldir Passarinho Junior, the important to make the law effective is to identify the thesis quickly repetitive and prioritize the procedure.

With the publication, the understanding established as the Law of Repetitive resources should be applied to all other processes with similar thesis that were suspended in STJ. The processes already distributed will be decided by the respective rapporteurs; processes that have not yet been distributed will be decided by the president of the STJ, Asfor Minister Cesar Rocha.

We have suspended the proceedings and TJS TRFs may have two destinations: if the decision coincides with the orientation of the STJ, following the appeal is denied, closing the issue, if the decision is different from the orientation of the STJ, will again be examined by the court of origin. If the Court upholds the position contrary to the STJ, one should make the analysis of the admissibility of special.

She Andrighi Nancy stresses that although the law does not give the STJ binding force, with a uniform case law, the regional state and federal courts must henceforth follow the guidance. "If keep understanding to the contrary, its decisions will probably be reversed on appeal special," alert.

For the minister Aldir Passarinho Junior, adopting the approach established by the higher court means to stabilize the legal order at all levels, discouraged thus disputes on matters already resolved.

38 have already been posted in the special features STJ for trial as determined by Law Resource Repetitive - 26 are from the First Section, eight and four of the Second Section of the Third Section.

SOURCE: STJ