Requisitos para o conhecimento da reclamação ajuizada contra acórdãos proferidos pelas turmas recursais dos juizados especiais cíveis

Abstract

In an attempt to offer Brazilian citizens a quick jurisdictional access, which favors the conciliation and judge cases of less complexity, besides being free, unbureaucratic, informal and effective, the Law 9.099/1995 was enacted, which established the system of Special Courts in the homeland. However, over the years, it was found that this system had gaps, where, in this text highlights the absence of review of decisions rendered by the Appeals Courts (its second degree body). With the advent of the Civil Procedure Code of 2015, as well as the updates of jurisprudence and doctrine understanding, admitted the use of the Complaint as a means of challenging the judgments rendered in second degree in Special Civil Courts. This article analyzes the main issues concerning the application of the Complaint in the Special Courts, its legal nature and hypotheses of application in the system in question. From these questions, it is clear that the Complaint has a series of requirements for its filing, and that it cannot be used merely to re-analyze the evidence of the original lawsuit. Furthermore, we conclude that it is necessary to update Law 9.099/1995, so that it provides for the appropriate appeal to challenge second degree decisions, as well as to fix the competent body to process and judge such appeal, in order to promote not only a fast and unbureaucratic jurisdiction, but also an efficient and effective one.