The legislative power of brazilian States over the small claims courts system and the motion for the uniformisation of case law

Abstract

This study analyzes the legislative authority of Brazilian States in relation to Small Claims Courts, with particular attention to the motion for the uniformisation of case law in State Small Claims Courts and in the Small Claims Courts involving claims against the public treasury. It begins by investigating the distinction between process rule (or processual strictly) and procedure rule (or procedural), in order to delineate the scope of state legislative action within the framework of concurrent legislative authority. Building on this theoretical foundation, the study examines whether the States and the Federal District may enact supplementary and gap-filling legislation concerning the Small Claims Courts microsystem, especially to fill gaps in federal legislation concerning the motion for the uniformisation of case law. As a result, the paper argues that state legislative action to regulate that mechanism is legitimate. Accompanied by a proposed draft bill, the article concludes that state legislative action may constitute a significant instrument for improving the Small Claims Courts system, contributing to greater coherence in case law and to the effectiveness of judicial relief .