O efeito translativo dos recursos extraordinários e a súmula 456, do Supremo Tribunal Federal

Abstract

The present scientific article intends to analyze the perspective of what would be the translative effect on Extraordinary Appeal, their appropriateness and impact, under the aspect of the understanding inserted in Precedent 456, of the Federal Supreme Court, after such appeals have been duly admitted. It starts, then, with a hypothetical-deductive logic, in which it is

necessary, first, to analyze the role of the Federal Supreme Court; thus, there is a need for pre- questioning matters of public order for the assessment of the admissibility and merits judgment, and the consequent analysis of the effect of the Extraordinary Appeal, under the circumstances of the application of the right to the species. Still, with this, it will be necessary to verify how the legal system has been proceeding on this sensitive issue, which divides understandings between indoctrinators and within the Superior Courts themselves.