The extraordinary appeal (RE) is a procedural resource used to ask the Federal Supreme Court (STF) to challenge (discussion) of a decision on constitutional issues.
This feature is used to ensure that judgments take place in a uniform manner and in accordance with the provisions of the Federal Constitution.
The RE can be used to challenge judgments of Federal, State or Panels of Appeal.
The jurisdiction to judge the appeal is exclusive to the STF, which is the highest body of the Judiciary, responsible for protecting constitutional principles.
What is the scope of the extraordinary appeal?
The extraordinary appeal is used to contest Constitutional Law issues. According to art. 102 of the Federal Constitution (CF), the resource can be used when the decision:
- is contrary to a norm of the Federal Constitution,
- declare a federal law or treaty to be unconstitutional,
- judge as valid a law or an act of government that is challenged by reason of a provision of the Constitution,
- judge as valid a local law against a federal law.
Petition for extraordinary appeal according to the Code of Civil Procedure (CPC)
The law, in art. 1029 of the Code of Civil Procedure, defines that the petition must contain obligatorily the following items:
- statement of facts and the appealed law,
- clear demonstration that the resource is appropriate,
- reasons for which the appealed decision is to be reformed or invalidated.
The RE petition must be forwarded to the President or Vice President of the Court of origin of the appealed decision. The document must contain a request for it to be sent to the STF for analysis.
What is the deadline for the extraordinary appeal?
The deadline for filing the extraordinary appeal is 15 days, both in Civil Procedural Law and in Criminal Procedural Law.
After the appeal is received by the Court, the respondent will also have 15 days to present its opinion on the appeal.
Extraordinary Appeal Admission Requirements
In order to use this resource, the law determines that two requirements must be met:
- proof of general repercussion of the question,
- prequestioning of the constitutional matter discussed.
Proof of the general repercussion of constitutional issues
Proving the general repercussion is to demonstrate, in the petition sent to the Court, that the issue involved it is in the interest of the whole society and not just the person to whom the process refers.
The mandatory general repercussion is provided for in art. 102, §3 of the Federal Constitution:
Art. 102, § 3 - "In the extraordinary appeal, the appellant should demonstrate the general repercussion of the constitutional issues discussed in this case, under the terms of the law, in order for the Court to examine the admission of the appeal, it can only be rejected by the expression of two thirds of its members".
The general repercussion, due to its importance, was regulated by law nº 11.418/06, which included changes in the Code of Civil Procedure (CPC). Thus, it was determined that proof of repercussion it is indispensable for the STF to receive the appeal to make the judgment.
Art. 1035, §1 of the CPC determines that:
"For the purpose of general repercussion, the existence or not of relevant issues of the an economic, political, social or legal point of view that goes beyond the subjective interests of the process".
Prequestioning of the constitutional matter
The appellant (whoever appeals) needs to demonstrate that, before forwarding the appeal to the STF, the constitutional issue has already been discussed in the other competent bodies. It must also be demonstrated that it forms part of the appealed decision.
The Federal Supreme Court has already issued a summary on the matter, determining that pre-questioning is essential for receiving the appeal.
Precedent 282/STF:
"Extraordinary appeal is inadmissible, when the federal question raised in the appealed decision is not aired".
Know more about STF and also see the meaning of binding summary.
Special resource and extraordinary resource
The special appeal (REsp), as well as the extraordinary, also refers to the discussion of constitutional matters. However, the REsp is used to challenge a decision in the Superior Court of Justice (STJ) and not in the STF, which is the case of the extraordinary appeal.
The special appeal can be used to discuss decisions that have been issued by a Court of Justice (TJ) or a Federal Regional Court (TRF).
See also the meanings of unnamed resource, adhesive feature, granted with appeal and dismiss.