A natureza jurídica do pedido de uniformização de jurisprudência dos Juizados Especiais Federais

Abstract

The essay's theme lies in the procedural analysis of the Special Courts, with an emphasis in the federal ones. It asks about the juridical nature of the Jurisprudence Uniformization Request because the existing uncertainty regarding the matter makes its comprehension difficult for legal practitioners and incites contradictions amongst the courts. Thus, the paper's general objective is to provide greater understanding on the subject by shedding light on the most relevant hypothesis in the doctrine and the legal system, in order to achieve an answer to the problem presented. As a means to do it, the bibliographical-documental method is used, as well as the hypothetico-deductive model alongside the comparative method as an auxiliary, adopting the book "Juizados Especiais Federais", written by Tourinho Neto and Figueira Júnior, as a theoretical framework. Lastly, it's observed that the Uniformization Request is the materialization of the constitutional principle of legal security in the Special Federal Courts and resembles, due to the lack of proper means to uniformize jurisprudence, a substitute of appeal with restrained application. For that reason, its juridical nature is sui generis by representing an unique mechanism in the legal system, unable to classify it as an appeal or an appellate incident.