Extraordinary appeal in practice: from preparation to RE judgment

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Extraordinary appeal in practice: from preparation to RE judgment - joypaul852 - 11-22-2023

If you are a legal professional, you already know, it is essential to know how the extraordinary appeal works. In this article we will understand the deadlines, the possibilities of suitability and how a lawyer can prepare to handle an extraordinary appeal. Ready?

Firstly, this is our second text about the appeal system in the CPC. In the first, we comment on Phone Number List the concept of resource and its five elements. If you would like to learn more about the concept, you can read the article by clicking here .

To facilitate our study on Extraordinary Appeal (RE), I thought of asking small questions so that we could learn the important points about this type of appeal.

First of all, it is worth highlighting that both the extraordinary appeal and the special appeal have similar legal regimes, being treated in the same provision of the CPC (art. 1,029). Therefore, many RE rules will be applicable to the Special Appeal (REsp).

What is the Extraordinary Appeal in CPC/15?
As stated, in the CPC, the Extraordinary Appeal and the Special Appeal are dealt with in the same legal provision, that is, article 1,029 of the procedural legislation.

When writing the article, it is not possible to identify, in plan, the hypotheses of the RE being appropriate. This is because, if we observe how the article was written, we conclude that both resources have a constitutional provision, and consequently, it is the Constitution that must dictate which hypotheses are appropriate.

Note the wording of art. 1,029: “The extraordinary appeal and the special appeal, in the cases provided for in the Federal Constitution , will be filed (…)”.

Hypotheses of suitability of the Extraordinary Appeal
It is in article 102 of the Constitution of the Republic that we find the hypotheses of the possibility of the Extraordinary Appeal.

In the writing, we can already observe that the jurisdiction to judge the Extraordinary Appeal lies with the Federal Supreme Court.

Regarding the hypotheses of appropriateness, the Federal Constitution provides that it is possible to file an Extraordinary Appeal, if the decision appealed:

contravene provisions of this Constitution;

declare the unconstitutionality of a treaty or federal law;

judge a law or act of the local government challenged in light of this Constitution to be valid.

Filing of the Extraordinary Appeal
The extraordinary appeal will be filed through a written petition, accompanied by proof of preparation, that is, payment of appeal costs (article 1,007).

The filing of the RE must be carried out before the President or Vice-President of the appealed court, within 15 days counting from the first business day following the summons of the parties, the conclusions of the appealed judgment or the sentence (articles 1,003, § 5 and 224, caput and § 3).

Facts and Law in the Extraordinary Appeal
Many lawyers have doubts about the structure of the Extraordinary Appeal.

Firstly, it must be said: this is not a “chic appeal”. For the lawyer to be successful in an Extraordinary Appeal, he must pay attention to the way this appeal is written, which is very different from the others.

The main difference is that the Extraordinary Appeal discusses the law, and not the factual situation. Look at this simple example:

and caused an accident.

Mévio was walking distractedly outside the pedestrian crossing, and Tício crashed his car into him.

Mévio passed away.

Now, Mévio's wife, Athena, is seeking a lifetime pension against Tício, for having “taken the life” of her husband.

Imagine that this request was rejected in the first instance (by a single Judge) and in the second instance (by a panel of judges) and what led to the rejection was the judges' lack of respect for constitutional norms.

Now, Athena needs to file an Extraordinary Appeal to the Federal Supreme Court. What can she claim? Questions of Law.

During an Extraordinary Appeal, it is not possible to discuss factual and evidentiary situations, for example: whether or not was on the pedestrian crossing or whether had the intention of killing Mévio.

The facts are not the subject of an Extraordinary Appeal and, if questioned, may be considered inadmissible.

RE: Extraordinary appeal in practice: from preparation to RE judgment - Anonymously - 12-14-2023

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