A ampliação da extensão do efeito devolutivo da apelação

• Autor(a) principal: Câmara, Marcela Regina Pereira
• Data de Publicação: 2005
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/83
• topic: Efeito devolutivo; Apelação (processo civil); Motivação da sentença; Direito comparado; Tutela jurisdiconal; Direito

This study presents the reform introduced of the Law 10.352/01, specifically concerning the introduction of § 3rd to the art. 515 of the Civil Process Code that enlarged the extension of the transfer effect of the appeal, allowing Tribunals to continue the judgement of interposed appeals against ending sentences, without returning the process to the first jurisdiction level. It analyzes the suitability of the jurisdiction double-level maintenance, investigating the constitutional forecast of the subject and minimizing the likelihood of a wrong judgement through the utilization of the material collected in the first level. It studies the connection commonly established between the appeal and the double-level. It continues with the approach of the appeal, its effects and principles, linked to the recursivity. Regarding the suspending effect, it intends to dissociate it from the interference of a appeal that, if admitted, would cancel out the effects of the refuted decision. Regarding the devolutive effect, it defines its concepts and analyses it in all of your extension and depth. It defines the mature case and link it to the advanced judgement of the conflict. It still broaches the possibility of the application of the inserted forecast in the above-mentioned device to the merit sentences, in the hypotheses of decision infra petita, and, on cumulative requests. It analyzes the effectiveness of the permission of the legal guardianship and its relationship with the time and the process slowness. It broaches the option or the duty of the Tribunal in continuing the judgement of a process, with the requirements foreseen by the legislation, as well as in the possibility of the configuration of the reformatio in peius.