Repetitive appeals and the admissibility of special appeals: Is a combination possible?

Teresa Arruda Alvim signs a new article in theLegal Question column, in Migalhas: "Repetitive cases and the admissibility of special appeals: A possible combination?"

The text addresses a central question in the precedent system. In judging a repetitive appeal, is it possible to establish a binding precedent not on the merits of the appeal, but on preliminary procedural issues, even when these lead to the inadmissibility of the appeal?

According to the author, if the issue that generates inadmissibility is repeated hundreds, and sometimes thousands, of times, there is no reason to prevent it from being the very merit of the repetitive case and generating a binding precedent. This reflection stems from the STJ's decision in Topic 1.246 and a lecture by Fernando Gajardoni at a joint STF and STJ event in June.

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