ANÁLISE DA PROIBIÇÃO DA SUSTENTAÇÃO ORAL EM AGRAVO INTERNO NO STF

Abstract

The article addresses the evolution of legislation and jurisprudence on the right to oral arguments in internal appeals, highlighting the relevance of this institute for the practice of law. The discussion begins with the promulgation of the Law Statute (Law No. 8,906/1994), which initially guaranteed this right to lawyers, but which was curtailed by ADI 1,105. The issue was discussed again in 2022 with the promulgation of Law No. 14,365, which reintroduced the right to oral arguments in several appeals, including internal appeals. Recently, a decision by Minister Alexandre de Moraes, during the trial at the TSE, revived the debate by rejecting a request for support based on the Internal Regulations of the STF, generating controversy in the legal community. The article also analyzes ongoing legislative attempts, such as PL 51/2023 and PEC 30/2024, which seek to guarantee the right to oral arguments. Using the criteria for resolving legal antinomies and constitutional competence, the analysis suggests that the right to oral argument, as it is a procedural and subsequent norm, must prevail over the courts' rules, reaffirming the importance of this instrument for the full exercise of broad defense and contradictory in the Brazilian justice system.