Garantia constitucional do reexame: limite da atuação dos tribunais no reexame das questões de fato e de direito

Abstract

While speaking about the solution of problems by the Judiciary, several principles of law are used to guarantee the fundamental rights created to protect individuals from the State intervention. Most of these guarantees were expressly put into the Brazilian Constitution, but some of them are just implicit. The main objective of the present study is to identify those guarantees that apply to the many forms of appealing in order to assure the due process of law. More specifically the research aims at achieving the limits of the due process of law in relation to the ordinary and the extraordinary appeals that the Brazilian law provides to the society. Many subjects were studied following the direction above, such as the constitutional treaty of the due process of law; the classification of the different forms of appealing. Those topics were used as a path to achieve the final goal of the present thesis, which is the analysis of how far the STJ and the STF can go in relation to the questions that were discussed during the whole procedure. The source of the research was documental, such as the Brazilian law, the doctrine and the jurisprudence.