The publication of Normative Instruction No. 42 on August 19, 2026, by the Superior Court of Justice (STJ))¹, It consolidates one of the most profound transformations in the routine of litigation before the higher courts.
By regulating Article 343-A of the Court's Internal Regulations², The regulatory act establishes the obligation to submit a structured summary for all originating actions and appeals directed to the court, with the exception of rare legal exceptions³..
More than a bureaucratic formality, the new guideline imposes a methodological revision in the drafting of procedural documents, requiring analytical synthesis and technical rigor from legal professionals.
The context and purpose of the new procedural requirement
The Superior Court of Justice has been dealing with a massive volume of cases distributed daily for years. The search for rationalizing the delivery of justice and for the utilization of technological tools has driven the creation of the structured summary.
The standard stipulates that the summary be made available in a machine-readable format, inserted in a specific field of the electronic systems of the STJ itself or of the original courts.
This systematic approach aims to speed up thematic screening, facilitate the identification of repetitive arguments, and improve the admissibility review of appeals, especially the Special Appeal.
Treating this innovation as mere routine automated filling constitutes a high risk of procedural error. The consistency between the summary and the recitals is rigorously scrutinized by the adjudicating bodies.
Mandatory requirements for the structured summary
Article 3 of Normative Instruction No. 42/2026 sets the maximum limit of 3,000 characters for the abstract, requiring direct language and compliance with the following formal elements:
- Summary of the facts: objective contextualization of the case, with identification of the parties involved and the essential content of the judicial decisions challenged.
- Summary of the fundamentals of law: a detailed listing of the legal provisions deemed violated, identified by legal statute, article, paragraph, subsection and clause.
- Requests submitted: clear specification of the main claim for review and of any ancillary claims.
- Precedents and precedents: indication of the qualified precedents and the binding precedents directly applicable to the controversy.
- Relevance of the federal issue: express demonstration of the requirement of relevance in the cases of filing an appeal of special appeal.
What should be strictly avoided in writing
The new regulation was emphatic in prohibiting practices that nullify the purpose of procedural synthesis. Failure to comply with these prohibitions can compromise the processing of the case:
- General references: The use of expressions such as “for recusal reasons”, “as stated above” or similar ones is expressly prohibited without the concrete presentation of the information in the appropriate field.
- Literal reproduction of the petition: It is prohibited to simply copy and paste large sections or the entirety of the arguments contained in the body of the appeal.
- Recursive innovation or incoherence: The absence of a strict correspondence between the content of the summary and the reasons for the action or appeal may be characterized as an act that undermines the dignity of justice, as provided for in the first paragraph of Article 4.
Practical aspects, transition period and remedying of vices
Although the Normative Instruction came into effect on the date of its publication, the court set a 90-day transition period for the adaptation of the entire legal community.
During and after this transition period, if the summary is not completed or contains formal inconsistencies, the regulations ensure the right of amendment:
- The applicant will be summoned to remedy the failure or to make the necessary adjustments within 10 working days.
- The proper filing must take place directly in the computerized systems of the local courts (when filing with the court of origin) or with the STJ itself.
In strategic litigation advocacy, well-structured synthesis has ceased to be merely a stylistic virtue and has become a formal requirement for admissibility and success in appeals.
Practical Summary: The New Systematics of the STJ
Which procedural documents require the inclusion of the structured summary?
The requirement applies to all actions originating and resources directed to the STJ, with the exception of the cases expressly excluded by procedural and regulatory legislation.
What is the limit of extension and the consequence of the divergence of theses?
The summary has the strict limit of 3,000 characters in its own electronic field. The substantial discrepancy between the summary and the recitals may constitute an act that undermines the dignity of justice.
What is the deadline for rectification in case of an error in the filling out of the form?
If the summary is found to be incomplete or inconsistent, the court grants 10 working days for the lawyer to rectify the matter and make the document compliant.
Civil and Strategic Litigation
The Litigation area of Fialdini Einsfeld Advogados (FEADV) We act strategically in handling complex litigation before the Higher Courts. Our team closely monitors the regulatory and technological innovations of the Judiciary to ensure formal rigor, technical accuracy, and efficiency in defending our clients’ interests.
