Ten years of Judicial Reform: practical effects of constitutional complaints and general repercussion at Brazilian Supreme Court (STF) and São Paulo State Court of Justice (TJSP)

• Grant number: 15/05589-8
• Support Opportunities: Regular Research Grants
• Start date: October 01, 2015
• End date: September 30, 2016
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Luciana Gross Cunha
• Grantee: Luciana Gross Cunha
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

The research project aims to study the strength of precedents at Brazilian Supreme Court and its impact on procedural promptness of the Brazilian justice system. Therefore, the project will examine mechanisms of jurisprudence standardization established in 2004 by the Constitutional Amendment 45, in the context of Judicial Reform, such as general repercussion (repercussão geral) and constitutional complaint (reclamação constitucional). Understanding how these instruments were applied allows us to provide answers to the following question: does the institutional design outlined in 2004 by the Constitutional Amendment 45 was accomplished during the last ten years? With this question, it is expected to present a careful assessment about the functioning of institutions of the Rule of Law, more specifically the Brazilian Supreme Court and the State Court of Justice of the State of São Paulo. (AU)