A divergência nas cortes e na literatura: a técnica de ampliação do colegiado e o conto "The Minority Report"

Abstract

This paper is an analysis of how the event of outvoting is seen in the Brazilian procedural order, especially regarding the introduction of a technique for expanding the number of court members, which replaced the Motions for Reconsideration in the edition of the 2015 Brazilian Code of Civil Procedure. The research is developed from the narrative lived by the character John Anderton, of the short story The Minority Report, by Philip K. Dick. The relevance of the study comes from the need to evaluate the recent, deep changes in procedural law when it comes to dissenting opinions in court. The investigation is of bibliographic-documental type, with an analogy between the literary and the legal environments, in a theoretical research with qualitative approach, descriptive and exploratory regarding the results. The conclusion is that, similarly to fiction, the new judgement technique seeks to grant the debate within courts regarding the event of outvoting, with aims at providing more rationality to trials and avoiding a merely formal approach to dissent.