Reclamação constitucional: definição jurídica à luz da jurisprudência da segunda seção do superior tribunal de justiça

Abstract

The present work aims to study the institute of the Reclamação in the Brazilian country's law, drawing a historical record of the institute, bringing jurisprudential and doctrinal definitions about its legal nature, besides contextualizing it and conceptualizing it in the current Brazilian legal scenario, in order to collate the settings achieved in relation to the legal understanding of the Second Section of the Superior Court of Justice in 2018. There is clear resistance from the courts in facing the the Superior Court of Justice, which sometimes uses purely formal arrangements or even not provided by law to deny the knowledge to complaints submitted to trial. In order to achieve the objectives proposed here, we use descriptive bibliographic research, consulting data and verdicts from the Second Section of the STJ, in order to obtain a parameter to answer the problematic proposal. A qualitative and quantitative approach is made to the precedents coming from the Second Section of STJ. Therefore, a bibliographical research is carried out, aiming to collect the doctrinal understanding about the theme, tracing essential beacons to conduct the comparison desired. Given the current scenario and the recalcitrant position of superior courts to confer effectiveness to its decisions, it is salutary to speak about the Institute of the Reclamação as a skillful means of provoking these courts to comply with the constitutional command rooted in their decisions.