General repercussion in extraordinary appeals and the role of the “amicus curiae”
DOI:
https://doi.org/10.4013/rechtd.2013.52.08Abstract
This article comments on a precedent ruled by the Brazilian Supreme Court on the RE 592.891 about the admissibility of entities as “amici curiae”. It evaluates general repercussion in extraordinary appeals as a new requirement and debates the use of an “amicus curiae” in these cases. For that purpose it expounds and discusses the origin and requirements for the admission of applicants and also the role and importance of the “amicus curiae” in Brazilian courts. It argues that the Brazilian Supreme Court should give an interpretation which is open to the possibility of accepting the “amicus curiae” as a way to pluralize debates, to respect the adversary system and, thus, to provide a more correct decision.
Key words: Brazilian Supreme Court, “amicus curiae”, extraordinary appeal, general repercussion.
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