Duplo grau de jurisdição: compreensão constitucional do princípio e análise de suas implicações na aplicação da Súmula n° 704 do Supremo Tribunal Federal

Abstract

Objective analyze the scoresheet n° 704 of the Supreme Court in line with the constitutional principle of the double degree of jurisdiction. At first, it presents a general overview on jurisdiction by prerogative of function as well as the responsibility for connection and salute. Second, then investigates the historical evolution of the principle of the double degree of jurisdiction, as well as examines the grounds for their adoption. Tries to understand the principle of a double degree of jurisdiction as a guarantee of constitutional nature. After delimits the scope of applicability of scoresheet n° 704 of the Federal Supreme Court to clarify the object of the research study. Records some decisions of the Supreme Court with the purpose of enhancing the casuistry that permeates the utterance of the scoresheet n° 704 of the Supreme Court and proposes a new reflection on the applicability of the same. Based on the constitutional principle of the double degree of jurisdiction the non-application in utterance summary as regards connection or attraction salute co-perpetrator process not holder of venue by prerogative to function. In fine, presents the mechanisms of protection of human rights in the Inter-American system, as well as registers some decisions of the Inter-American Court to emphasize the absolute protection to the double degree of jurisdiction.