STJ's Filter Plan, Modeled on STF, to Ease Caseload but Worries Lawyers

A new process filter, modeled after the Supreme Federal Court's (STF) precedent-setting mechanism, is awaiting President Lula's sanction to be implemented at Brazil's Superior Court of Justice (STJ). This proposed regulation aims to manage the influx of special appeals by establishing specific criteria for their admissibility.

If approved, the rule would grant these selected appeals a binding effect, similar to the STF's "general repercussion" system. This is intended to reduce the court's caseload and ensure more consistent jurisprudence by making decisions on key issues authoritative for lower judicial bodies.

However, the initiative has sparked apprehension among legal professionals. Lawyers are concerned about how the filter's criteria will be applied and the potential consequences for access to justice and the thorough review of cases, fearing it could lead to an overburdened system or unintended procedural hurdles.