ROLIM, J. B. C.; ROLIM, Jonas Bráulio de Carvalho.
Resumo:
Take care of this monograph to describe the interrelationship between the
declaratory embargos and extraordinary and special resources, where the first act,
in many cases to meet specific requirement of the order of seconds, the call
prequestionamento, providing access via the applicant's extraordinary . Should be
warned that the prequestionamento is a judicial creation, developed since the
constitutional reform undertaken by the First Amendment 45, 2004, which among
other measures, introduced the art. The 102-Policy Letter, giving freedom to the
Supreme Court to supplement the written law, through the issuance of the
Abridged from its publication in the official press, binding on all courts of the
country and the bodies of the direct and indirect. Using this prerogative the
Praetorium Exalted interfere in the procedure of creating the so-called exceptional
appellate obstacle, whose aim is to filter the large volume of shares distributed
systematically in the higher courts, which accumulate awaiting trial, and the
overload ends up bulging the finality of judgments, aside the adjudication of its
social function of giving effect to the substantive law. The 45th Amendment, in
fact, is a landmark in Brazilian law entered a syncretic trend as positive in the
constitutional field the expression of reasonable duration of the process, which
noticeably affected the civil suit, a trend that is reflected in the role assigned to
prequestionamento, as well as the recent changes made in procedural law. The
aim is to take this opportunity to analyze the effects of civil procedure in syncretic
phenomenon, focusing on system resources, particularly in the exceptional
features of the procedure.Through a dialectical approach, the thesis will be
developed in order to demonstrate the advantages of a syncretic process,
antithesis, which is the alleged loss in legal certainty through the rigor of the
abandonment of traditional forms, and brief, where they will point to possible
solutions the apparent conflict of principles. The methodological approach will be
historical, deductive and monograph. Having made these notes, the end will be
shown the importance of judicial role in building the modern logic of procedural
law, when courts have abandoned the traditional position apply only to legislative
will, from the condition of the true source of law.