A dispensa do prequestionamento como requisito de admissibilidade em matéria de ordem pública

Abstract

This thesis aims to study the subject of cognition stormy craft matters of public policy by the Superior Courts. To perform this task, we divided this work into four specific Sections. In Chapter 1, we treat the matters of public policy, focusing on procedural matters of public policy, coming to a own concept to identify them. In Chapter 2, we studied the exceptional appeals (extraordinary appeal and special appeal) and its constitutional treatment, the general theory, its functions of the legal system, rules of appropriateness, general and specific requirements, focusing also on the role of the Superior Courts (the Supreme Federal Court and the High Court of Justice). The Chapter 3 we especially dedicated to the study of the requirement of prequestionamento : concept, origin, treatment in Brazilian Law, modalities and interpretation by the Superior Courts. In Chapter 4, specifically, we broached the topic subject of the present paper, bringing to the discussion the controversy waged by the doctrine and jurisprudence on the appreciation of craft matters of public policy under exceptional appeals, whose closure is with our understanding about the issue. We concluded, in the end, the waiver of the requirement for the prequestionamento when dealing with matters of public policy