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Frequently Asked Questions
What is the difference between an extraordinary appeal and a special appeal?
The extraordinary appeal (recurso extraordinário) is directed to the Supreme Federal Court (STF) and addresses constitutional questions. The special appeal (recurso especial) is directed to the Superior Court of Justice (STJ) and addresses the interpretation of infra-constitutional federal law. In theory, the same case may support both appeals simultaneously, when it involves both constitutional and infra-constitutional questions.
Do the STF and the STJ re-examine the facts and evidence of the case?
As a rule, no. Brazil's superior courts have the role of unifying the interpretation of constitutional law (STF) and of federal legislation (STJ), and do not act as a third-instance review of facts and evidence — which is why a well-built appellate strategy from the earlier instances onward is so important.
What is general repercussion (repercussão geral)?
It is an admissibility requirement for the extraordinary appeal: the appellant must show that the constitutional question discussed goes beyond the subjective interests of the parties, carrying economic, political, social or legal relevance for the case to be heard by the STF.
What is the deadline to file an extraordinary or special appeal?
As a rule, the deadline is 15 business days from publication of the decision being appealed, but it may vary depending on the procedural rite applicable to the case. A lawyer can confirm the specific deadline for your situation.
What can be done if my appeal was not admitted by the court of origin?
It is possible to file an interlocutory appeal (agravo) against the decision denying the extraordinary or special appeal, so that admissibility is reconsidered by the superior court itself.
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