In a recent decision, the Special Court of the Superior Court of Justice assigned appeals No. 1.988.686, 1.988.687 and 1.988.697 to evaluate Theme No. 1.178 under the rite of repetitive appeals. The issue deals with the possibility of granting the benefit of free justice by evaluating an objective criterion linked to a certain level of income of the applicant.
Thus, until the issue is decided and the thesis that will be proposed is defined, the Superior Court of Justice has ordered the suspension of Special Appeals and Appeals in Special Appeals that deal with the identical legal issue that are pending before the Courts, as well as those pending before the Superior Court of Justice itself.
The Rapporteur who assigned the appeals, Justice Og Fernandes, expressed himself on the subject in the following terms when assigning the aforementioned appeals: “Routinely, the pronouncements of the courts of origin are based on precedents of this Superior Court of Justice to decide the demands, which reinforces the maturity and consolidation of the debate within this court”.
According to the Rapporteur, the establishment of the thesis will allow the judicial machine to be freed up, avoiding the unnecessary proliferation of appeals. In addition, the Justice also pointed out that the repetitive nature of the issue is present, and it can be found in around 50 cases on the subject before the Federal Regional Court of the 2nd Region and more than 200 judgments in which the expressions “gratuity of justice”, “minimum wages” and “objective criterion” are found together.
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