THE LOGICAL STRUCTURE OF GENERAL REPERCUSSION

Abstract

The main purpouse of this article is to demonstrate the logical structure that governs the procedure for recognising "general repercussions". To this end, it starts by highlighting logic as a fundamental tool for interpreting and applying law, insofar as it allows us to understand any and all normative structures. From there, the fundamental structure of the complete legal norm is revealed, through a process of formalisation, so that the specific structure - and thus the fundamental aspects of the functioning - of general repercussion can then be revealed.  The article then proceeds to formalise the art. 1.035 of the Brazilian Code of Civil Procedure, as a way of clarifying the structure that governs the recognition of general repercussion, the analysis of which makes it possible to show what procedural path is necessary for a given legal controversy to fall into the class called ‘general repercussion’, thus enabling it to be analysed by the Federal Supreme Court. Finally, the formula is tested to verify its ability to describe a real situation in which the STF recognizes a general repercussion.