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Appellate practice: appeals to the STJ and STF
What a higher court can review depends on what was recorded before. A strong appeal starts at trial level and ends with oral argument.
Appellate practice is the handling of appeals before second-level courts, the Superior Court of Justice (STJ) and the Federal Supreme Court (STF), including appeals, interlocutory appeals and special and extraordinary appeals. Engage a lawyer after an adverse decision, since the general deadline is 15 business days, or earlier, to prepare the case and preserve the issues that may go up.
Appeals to the STJ and STF are the routes to take a case to Brazil's Superior Court of Justice and Federal Supreme Court. The special appeal (recurso especial) addresses the interpretation of federal law (art. 105, III, of the Constitution). The extraordinary appeal (recurso extraordinário) addresses violations of the Constitution (art. 102, III).
Access filters are strict. The STF requires general repercussion of the constitutional question (art. 1,035 of the Code of Civil Procedure, CPC, Law 13,105/2015). The STJ gained a similar filter: the relevance of the federal legal question, created by Constitutional Amendment 125/2022 and regulated by Law 15,484/2026. Neither court reviews evidence, and the issue must have been addressed in the decision under appeal, the so-called prequestioning requirement.
That is why good work in the higher courts starts before them. We review the case from trial level to record the right issues, file motions for clarification when needed for prequestioning and follow the appeal to judgment, with memorials to the judges and oral argument.
When to call a lawyer
Adverse judgment or appellate ruling
The deadline to appeal is already running. As a rule, it is 15 business days, and the quality of the appeal defines what the court will be able to review.
Decision contrary to federal law or the Constitution
The ruling misapplied the law, contradicted higher court precedent or diverged from another court on the same issue.
Interlocutory decision with immediate effect
Urgent relief against the company, a freeze of funds or a decision on the production of evidence calls for an interlocutory appeal (agravo de instrumento) in the cases of art. 1,015 CPC.
Pending repetitive or general repercussion theme
The company's case depends on a thesis to be set by the STJ or the STF and may be stayed or decided according to that judgment.
What happens when you put it off
- Missed deadlines: after the 15 business days (arts. 219 and 1,003, § 5, CPC), the decision becomes final on that point.
- Preclusion of prequestioning: an issue not addressed in the ruling, nor raised through a motion for clarification, is unlikely to be examined by the STJ or the STF.
- Asset freezes: without suspensive effect, the decision under appeal may be provisionally enforced while the appeal is pending.
- Adverse precedent: a poorly drafted appeal may lead the court to set a contrary thesis that will guide future cases of the company and the sector.
How we work
Case review for appeal
Review of the record, the decision and the open issues, with an opinion on admissibility, technical viability and risks.
Prequestioning preparation
Motions for clarification when the decision is silent, so the issue appears in the ruling, including under art. 1,025 CPC.
Drafting the appeal
An appeal that demonstrates admissibility, general repercussion or relevance, with legal arguments that do not depend on reviewing evidence.
Suspensive effect and urgency
Requests for suspensive effect or relief in the appellate court when the decision may cause serious harm before judgment.
Follow-up to judgment
Memorials, meetings with the judges' chambers when appropriate, oral argument and monitoring of repetitive themes related to the case.
What you receive
- Appeal viability opinion with risks and alternatives
- Appeal deadline control in business days, with a safety margin
- Complete appeal with a dedicated section on general repercussion or relevance
- Memorials for the judges and an oral argument outline
- Monitoring report with docket, decisions and next steps
Why the firm
Appeals planned from trial level
When we handle the case from the start, federal and constitutional issues are recorded in the filings from day one.
Honest viability filter
We say when an appeal has little technical viability, so the company can decide based on real cost and risk.
Presence in the courts
Close follow-up in state, federal and higher courts, with oral argument when the case calls for it.
Illustrative scenario
Hypothetical scenario, for illustration only. A company loses an appeal in a contract dispute. The ruling interprets a provision of the Civil Code differently from other courts but does not address one of the defense's central arguments. In this scenario, the first step would be to file a motion for clarification within the legal deadline, so that the omission is cured or deemed cured for prequestioning purposes. Next, a special appeal based on conflicting case law would be assessed, demonstrating the relevance of the federal legal question. Admission and outcome would depend on the court. Preparation would prevent the appeal from being barred by a formal defect.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
What is the difference between appeals to the STJ and STF?
The special appeal goes to the STJ and addresses the interpretation of federal law. The extraordinary appeal goes to the STF and addresses violations of the Constitution. Neither reviews evidence, and both require that the issue was addressed in the decision under appeal.
What is the deadline to file a special appeal with the STJ?
The deadline is 15 business days, the same as other appeals, except motions for clarification (arts. 219 and 1,003, § 5, CPC). Public entities get double time (art. 183). The period runs from notice of the decision.
What is prequestioning?
It is the requirement that the issue taken to the STJ or STF has been examined by the decision under appeal. If the court is silent, the party must file a motion for clarification. Under art. 1,025 CPC, the points raised in that motion are deemed included in the ruling if the higher court recognizes an error, omission, contradiction or ambiguity.
Can the STJ reassess the evidence in my case?
No. STJ Precedent Summary 7 (Súmula 7) bars review of evidence in a special appeal. The appeal must discuss the interpretation of the law on facts already established by the lower court, which requires precise drafting.
What is the relevance filter for special appeals?
It is the filter created by Constitutional Amendment 125/2022 and regulated by Law 15,484/2026, which requires showing that the question goes beyond the parties' interests. The Constitution presumes relevance in some situations, such as when the ruling contradicts the STJ's prevailing case law. Even then, the appeal must address the point expressly.
Is it worth appealing with low chances?
It depends on the cost, the risk of the decision becoming final and the effect on the company's other cases. Sometimes an appeal preserves negotiating leverage or prevents a bad precedent. We recommend appealing when there is a technical basis and a clear objective.
Related matters
Other matters in this area
Received an adverse decision?
The deadline runs in business days. Send us the decision and the date of notice so we can assess admissibility and the appellate route.