SUPERAÇÃO ANTECIPATÓRIA: DECISÕES JUDICIAIS COMO INSTRUMENTO DE REVISÃO DE PROVIMENTOS VINCULANTES

Abstract

Based on the exposition of the current appeal procedure of exceptional appeals (introduced by Law n. 13.256 of 2016), the study intends to analyze the current methods and demands of the Brazilian binding precedents reviewing and overruling process, pointing out the problems the current system implicates, such as the difficulty for complainants to access Superior Courts and resultant obstacles to the litigants’ participation in precedents’ permanence discussions and its democratic legitimacy. Comparisons between the Brazilian system and that of common law countries are pondered in order to recognize a possible solution, which is to employ anticipatory overruling, by making use of specific revision interpretative techniques of the rule contained in the precedent.