O recurso de agravo nos Tribunais Superiores

• Autor(a) principal: Figueredo, Roberto Rosio
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/21514
• topic: Agravo (Direito processual); Decisões interlocutórias; Tribunais Superiores; Interlocutory appeal; Interlocutory decisions; Courts of last resort; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The interlocutory appeal, specifically as an appeal against interlocutory decisions rendered in the Courts, in relation to appeals to the Superior Courts, is a remedy widely used in forensic practice in Brazil, being truly rooted in our legal culture. However, over time, the interlocutory appeal has been subject of several and constant changes, because it is invariably related as one of the obstacles to a speedy judicial provision. Perhaps, therefore, legal practitioners often do not navigate quiet waters in dealing with the interlocutory appeal and its enforceability in court. The present work intends to help, both law practitioners and undergraduate law students, to better understand this recursal modality. In order to do so, care was taken to work on the topic in all its useful angles and questions applicable in our legal system. We have examined, through bibliographical and jurisprudential research, the historical evolution of exceptional resources and interlocutory appeals; the requirements for the admissibility of appeals in general as well as the specific aspects of the Extraordinary and Special appeals were closely monitored; and then went on to analyze each of the modes of interlocutory appeals in the superior courts, their procedures, judgments and effects, always emphasizing the most controversial issues, which are presented in the various interpretations formed in doctrine and jurisprudence, seeking to resolve doubts as to the practical and theoretical aspects of this remedy, specifically with regard to judgments in the Superior Courts. The purpose of this dissertation is to assist lawyers, judges, prosecutors and academics, who deal with legal matters, especially civil procedural law; so that the importance of our study of the constant changes in this area is justified in order to prevent them from becoming obstacles to a speedy judicial procedure. In order to concretize such scope, we opted for bibliographical and jurisprudential research, favoring a systemic approach that merges the historical study with the monographic one. Thus, the ultimate goal to be achieved will be to analyze the legal-procedural applicability of resources