STJ resumes work with repetitive and police operations on the agenda

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The Superior Court of Justice resumes its activities this Wednesday (1/8). This semester, repetitive appeals, processes arising from operations with great national repercussion, such as "lava jet" and zealots, are on the court's agenda, as well as important cases for the standardization of federal law in the country.


According to data from the Precedents Management Center (Nugep), of the 994 repetitive issues registered with the STJ, only 54 are pending judgment.

On the first day of trials, the Special B2B Lead Court judges Topic 988 of repetitive issues. The legal issue discussed in the special appeals has been controversial in doctrine since the entry into force of CPC/2015.

The controversy is to define the nature of the list of article 1,015 of the CPC and verify the possibility of its extensive interpretation, to allow the filing of an appeal against an interlocutory decision that deals with hypotheses not expressly addressed in the sections of said CPC provision. The definition of the matter by the STJ is being eagerly awaited by all legal practitioners (REsp 1,696,396).

Judgments in the sections
Four repetitive appeals are being requested in the 1st Section and the judgment should be resumed this semester. In REsp 1,348,638, Theme 951 of the repetitive issues, the collegiate will decide on the period known as the “black hole” of retirement rules, from 1984 to 1991, due to the lack of clear legislation in this regard.

Minister Mauro Campbell Marques will present a preliminary opinion on the appeal that discusses whether the insured has an acquired right to calculate the benefit in accordance with the rules in force when the requirements for its granting are implemented.

The issue under consideration analyzes the possibility of mixing the calculation rules contained in the repealed legislation with the new one, for the purposes of calculating the benefit granted in the period from 1984 to 1991.

Still in the social security field, ministers discuss the expiry periods to affect the recognition of the acquired right to the most advantageous retirement benefit through the INSS. In REsp 1,631,021, the collegiate assesses whether or not the ten-year expiry period covers situations in which the defendant had already acquired the right to the granting of a better benefit. Minister Napoleão Nunes Maia Filho will present his opinion on the matter.



Another repetitive item that the minister is requesting to review is REsp 1,576,254, Theme 963 of the repetitive items. In this case, the discussion is the appropriateness of regressive execution of Eletrobras against the Union due to the condemnation of both to pay the differences in interest and monetary correction of the compulsory loan on the consumption of electricity to taxpayers.

The establishment of theses will make it possible to resolve thousands of suspended cases awaiting the judgment of repetitive appeals.