CROSS NEPOTISM: (IN)EFFECTIVENESS OF BINDING SUMMARY NO. 13 OF THE FEDERAL SUPREME COURT

Abstract

The objective of the research is to analyze the practical results of Binding Precedent No. 13 of the Federal Supreme Court. To achieve this end, this research adopts the methodology of legal work, through bibliographic and documentary research, especially with an exploratory nature. The theoretical approach method was deductive, starting from theories and general conceptions, about the applicability of a standard, checking whether it is effective or ineffective, that is, about its applicability. For data analysis, the qualitative-quantitative technique was applied. There is a need for adjustments and improvements in the entire system to combat cross-nepotism in Brazil. It was concluded that the application of the Binding Precedent must be efficient and effective. This occurs because efficiency focuses on achieving results, that is, the ability to meet what is prescribed by the standard, and on the other hand, effectiveness is concerned with the ends, achieving the objectives or purpose of the standard. In the meantime, efficiency and effectiveness are paramount within the applicability system of Binding Precedent No. 13, considering that its non-compliance in cases of crossed nepotism, due to the flexibility of the Federal Supreme Court, may generate a sensation contrary to what waiting, impunity, thus encouraging nepotism and legal uncertainty in the national order.