LEGAL PRAGMATISM AND OVERCOMING THE OBSTACLES IMPOSED BY PRECEDENTS NO. 5 AND 7 OF THE SUPERIOR COURT OF JUSTICE

Abstract

This article analyzes the appeal filters adopted by the Superior Court of Justice, with emphasis on Precedents 5 and 7, addressing their impact on the Brazilian legal system. Although essential to curb excessive litigation and preserve judicial efficiency, the rigid application of these filters often generates mechanical decisions, frustrating the assessment of injustices in certain cases. In view of this, the text proposes legal pragmatism as an alternative, allowing for greater flexibility and adaptation to the specifics of the case. The pragmatic approach prioritizes the practical effects of decisions, contributing to fairer and more effective judicial protection.