Depósito recursal à luz do princípio da ampla defesa

• Autor(a) principal: Coelho Filho, José Francisco
• Data de Publicação: 2020
• 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/15754
• topic: Depósito recursal; Inconstitucionalidade; Princípio da ampla defesa

This monographic work seeks to analyze the institute of appeals deposition in the light of the principle of broad defense. Therefore, its general objective is to analyze whether the appeal deposit violates the constitutional principle of broad defense or not. The methodology used to achieve the proposed objective was exploratory research, of a qualitative nature. With regard to data collection, it was classified as a bibliographic and documentary research. They served as a basis for the foundation, mainly works / laws / jurisprudence that discussed the theme of this work. Based on the data analysis, it was found that there are doctrinal divergence about the unconstitutionality of the requirement of the appellate deposit as a condition for admitting appeals, which would be violating the constitutional principle of wide defense. Much of the doctrine and jurisprudence defend its constitutionality, justifying that the appeal deposit does not have the nature of a fee, but a guarantee of judgment, for future execution and that the principle of double degree of jurisdiction allows exceptions. There are also those who defend the unconstitutionality of the appeal deposit, claiming that it constitutes an embargo on the right to appeal, thus contradicting the principle of broad defense. As a result of this research, the thesis that the appellate deposit is incompatible with the constitutional principle of broad defense is supported, since, by establishing as an objective appellate assumption, for the lodging of appeals, the infraconstitutional legislator is limiting the broad defense part.