Modulation: adequate timing, competent jurisdiction, criteria based in examples, precedentes

Abstract

This article deals with prospective overruling in the “Supremo Tribunal Federal. It has been happening according to explicit provision of the Civil Procedure Code, in extraordinary appeals, and in “repetitive” extraordinary appeals, in the light of situations already faced by the Court’s precedents but decided in a different way. The text is the result of a research about which criteria were considered for defining the cases of prospective overruling and how these criteria influence the decision on the temporal aspect of the new understanding. Furthermore, considerations will be made about the correct competent jurisdiction and the right timing for the decision on the efficacy in time of the new precedent.