Do efeito translativo no recurso especial

• Autor(a) principal: Besser, Gustavo Bueno
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34686
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

This paper in Civil Procedural Law addresses specifically the controversy on the existence of effect of transfer in special appeals to the Court of Appeals. This study starts with a brief explanation on the creation of The Court of Appeals. Next, it addresses topics relevant to the special appeal’s legal feature, mentioning its specific characteristics and purposes, and describing admissibility requirements and constitutional requirements. The paper mentions the special appeal’s procedure, followed by a description on each effect that arises from the appealed decision. Also, a doctrine and jurisprudence research was carried out on the controversy on the existence of effect of transfer in special appeals. The research revealed that there are three lines of thought on the topic: the first denies the existence of the effect of transfer; the second line of thought says that the special appeal has the effect of transfer, therefore the public order matter should be assessed at any time and degree of jurisdiction, even without the actual previous questioning; and lastly, the third line of though states that it is only possible to assess public order matters after the special appeal’s admissibility trial. At the Court of Appeals this third thesis has prevailed. This paper addresses the key legal bases from each line of thought, against or for the incidence of effect of transfer in special appeals