Recorribilidade das decisões interlocutórias no novo código de processo civil

• Autor(a) principal: Silva, Luciana Teixeira
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6032
• topic: Agravo; Processo civil; Recursos

The main objective of this paper is to analyze if the role of the hypothesis of interposition of the grievance of the instrument, foreseen in the art. 1015 of the CPC, is exemplary, taxable with possibility of extensive interpretation or merely taxative. In order to do this, the exploratory research was adopted as regards the approach to the qualitative method, and for the collection of data, the bibliographic procedure was used, through research in doctrines, scientific periodical articles, legislation, works academics and court judgments. It was found through this research that the exemplary reading of the role implies creating new hypotheses of fit by analogy, hurting the legislated text and violating the principle of taxation, according to which the law alone creates the resources and respective assumptions. As for the extensive interpretation, it was found that it aims to reveal hypotheses of propriety potentially implicit in the normative text, but that ends up being detrimental to legal certainty, since the estoppel is closely linked to the hypotheses of the merits of the instrument. Thus, recognizing new hypotheses of compliance with the grievance of the instrument imports the recognition of other hypotheses of occurrence of the estoppel, not anticipated by the jurisdictional ones. Regarding the exhaustive reading of the role, it means recognizing that any decision not listed in art. 1015 of the CPC or in other cases provided by law, must be challenged as a preliminary in the appeal or contestation of this appeal. For all these reasons, it is concluded that the role of the hypotheses of compliance of the instrument is merely exhaustive, not allowing extensive interpretation, in order to guarantee legal certainty. Keywords: Grievance. Civil lawsuit. Resources.