Appeal filters and discretion in supreme courts

a comparison between Brazil and Peru

Abstract

This research analyzes two Brazilian superior courts (the Federal Supreme Court and the Superior Court of Justice) and two Peruvian superior courts, the Supreme Court of Justice (CSJ) and the Constitutional Tribunal (TC), based on several criteria: the structure and competencies of the courts; the function and orientation that the court has regarding the cases it decides; the scope of the judgment made by the court; the types of appellate filters; and the presence of discretion in the use of these filters. To do this, various concepts of comparative procedural law are used and ideal models are developed in order to compare the courts. Even though important differences exist, it is possible to see similarities regarding the relationship between the function of the courts and the use of discretion applied when making use of appellate filters.