Agravo de instrumento e o ato ordinatório no novo CPC

• Autor(a) principal: Merici, Vitor Luis Sbrana
• Data de Publicação: 2019
• 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/35923
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

Through the present work, we will seek to discuss the interposition of the Interlocutory Appeal and its possibilities, from the filing of the action until the moment of the extraction of the Interlocutory Appeal, given the double degree of jurisdiction. The Interlocutory Appeal is the remedy that has undergone the most important changes since the beginning of the validity of the current Code of Civil Procedure. As a matter of urgency, the revoked Code of Civil Procedure imposed as a rule the filing of the Interlocutory Appeal in the face of interlocutory decisions, only admitting the modality of instrument when it proved that said decision was likely to cause serious injury and difficult to repair, among other assumptions. The parties are entitled to request the review of judicial decisions, which have been unfavorable to them, for one reason or another, and it is possible for them to reconsider these decisions as justification of the law. From the admissibility of the action until the final pronouncement, the Judge issues interim measures, and of unequal importance, called interlocutory decisions, as provided in article 203, § 2 of the Code of Civil Procedure. Decisions susceptible to Interlocutory Appeal are presented progressively, and according to the variants of the procedure, guide a significant number of decisions handed down in the course of the proceedings. The greatest innovation brought to us by Law 13.105/15, the New Code of Civil Procedure, was the exhaustive list containing the hypotheses of decisions that are susceptible to an Interlocutory Appeal, according to the express provision of article 1.015 of said procedural law