On August 4, 2026, Law No. 15.484/2026 was enacted, establishing the legal framework governing the requirement that federal legal issues be deemed relevant for the admissibility of Special Appeals (Recursos Especiais) before the Brazilian Superior Court of Justice (Superior Tribunal de Justiça – “STJ”), thereby amending Law No. 13.105/2015 (Brazilian Code of Civil Procedure). Although the relevance requirement was introduced into the Brazilian Constitution by Constitutional Amendment No. 125/2022, it depended on implementing legislation to become effective (Federal Constitution, Article 105, §§ 2 and 3). 

According to the STJ, the purpose of the new regime is to enable the Court to focus its review on cases involving federal legal issues of significant legal, economic, political, or social importance, particularly those relevant to the uniform interpretation of federal law, while avoiding the review of appeals intended solely to resolve the parties’ individual interests. 

To this end, Law No. 15.484/2026 introduces Article 1,035-A into the Brazilian Code of Civil Procedure, providing that the STJ shall, by a final and non-appealable decision, decline to admit a Special Appeal where the federal legal issue raised is not considered relevant. A finding of lack of relevance requires the affirmative vote of two-thirds of the members of the panel competent to hear the appeal. 

The new provision also requires appellants to demonstrate, in a separate and reasoned section of the Special Appeal, the relevance of the federal legal issue submitted for the STJ’s review. Failure to comply with this requirement will result in the appeal being declared inadmissible. In assessing relevance, the Court shall consider whether the federal legal issue presents significant economic, political, social, or legal implications extending beyond the parties’ individual interests. 

Constitutional Amendment No. 125/2022 further establishes presumed relevance in certain categories of cases, including: (i) criminal proceedings; (ii) administrative improbity actions; (iii) cases involving amounts exceeding 500 minimum wages; (iv) proceedings capable of resulting in ineligibility for public office; (v) cases in which the challenged appellate decision conflicts with the STJ’s prevailing case law; and (vi) other situations provided by law. 

Once the relevance of a federal legal issue has been recognized, the reporting Justice may, upon reasoned decision, order the full or partial stay of all pending individual and collective proceedings throughout the country involving the same issue for a period of six months, which may be extended once for an additional six months where a public hearing is held or third-party participation is admitted. 

The Law also authorizes the reporting Justice to admit submissions from third parties, through duly qualified legal counsel, during the assessment of the relevance of the federal legal issue. 

As a general rule, Special Appeals subject to the relevance regime will be heard in person, except where the reporting Justice votes either not to recognize relevance or merely to reaffirm the STJ’s prevailing case law. 

Whether the STJ recognizes or rejects the relevance of the federal legal issue, the procedural and substantive effects of its decision shall apply to proceedings pending before both the STJ and the lower courts. 

To align the Brazilian Code of Civil Procedure with the new framework, Law No. 15.484/2026 introduces and amends several provisions. Among the principal changes, judgments rendered under the relevance regime are now included among the judicial precedents that must be observed by judges and courts pursuant to Article 927, III-A, of the Code of Civil Procedure. The Law also permits, in exceptional circumstances, the filing of a Complaint (Reclamação) by an interested party or by the Public Prosecutor’s Office to ensure compliance with judgments rendered under the relevance regime (Article 988, item V, §§ 4 and 5, item II). 

Law No. 15.484/2026 will enter into force on September 3, 2026. The requirement that appellants include a separate and reasoned section demonstrating the relevance of the federal legal issue will apply only to Special Appeals filed against appellate decisions published after that date. 

Finally, the STJ will be responsible for adopting, through its Internal Rules, the procedural provisions necessary to implement the new statutory framework.