GENERAL REPERCUSSION AND WRIT OF CERTIORARI: COMPARED ANALYSIS OF APPEAL ADMISSIBILITY MECHANISMS ADOPTED BY THE BRAZILIAN AND NORTH AMERICAN SUPREME COURTS

ANÁLISE COMPARADA DOS MECANISMOS DE ADMISSIBILIDADE RECURSAL UTILIZADOS PELAS CORTES SUPREMAS BRASILEIRA E NORTE-AMERICANA

Abstract

The purpose of this paper is to comparatively analyze the appeal admissibility mechanisms adopted by the Federal Supreme Court and the US Supreme Court, the General Repercussion and the writ of certiorari. Essential for the selection of cases, these institutes allow for the optimization of judicial activity and the rationalization of decision-making, as well as contributing to the organization of Court profiles. The research has an interdisciplinary approach and is based on the qualitative method. The central point of this study is the intelligence on the influence and effectiveness of the screening techniques adopted by the Supreme Courts in the selected jurisdictions. It is hoped to comprehend similarities and differences between these instruments. The research seeks to investigate how socio-political specificities impact their realization. The conclusions will contribute to the debate on the possible sophistication of appellate selection techniques and, therefore, could foster efficiency, predictability and rationalization of judicial activity.