O regime do recurso de agravo a partir das alteraçãoes introduzidas pela lei 11.187/2005

• Autor(a) principal: Castro, Ana Luiza Duarte Pires de
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNICAP
• Texto Completo: http://tede2.unicap.br:8080/handle/tede/446
• topic: Brasil. Lei n. 11.187, de 19 de outubro de 2005; processo civil; recursos (direito); agravo (direito processual); dissertações; Brasil. Lei n. 11.187, de 19 de outubro de 2005; civil procedure; remedies (law); dissertation; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Civil Procedural Law is a Law s dynamic field, division that searches adjusting itself to society s changes and aims at solving peacefully the disputes, Lawsuits that are reported to it. In this sense, and as a result of being it always seeking providing a more effective jurisdiction protection, legislator has intended, through Federal Law 11.187/2003 edition, which regulates the interlocutory decisions appeal new regime, intended it may be repeated imparting a greater celerity to procedural ways. In this perspective, he has circumscribed the interlocutory decision appeal (CPC s 522nd Article Caput) and has restrained the appealing right under some specific situations (CPC s 527th Article unique paragraph with the reforming Law arrival, the interlocutory decisions appeal has suffered a substantial modification. As for instance, one may, mention the interlocutory appeal retained form that has become a true rule, while the instrumental form is considered an exception the last one is only appropriate, as per the Civil Process Code s Caput 522nd Article, in front of a decision susceptible to cause, a serious harm, at the same time little susceptible to the appeal and in those ones concerning the effects which the interlocutory decisions appeal is received in. Therefore, the interlocutory decisions appeal reforming Law innovates, transferring the serious harm and the difficult reparation one to other hierarchical stairhead, a new appealing optics sustainer in interlocutory decisions headquarters. Therefore, it will be up to the judge making his analysis concerning each case, in particular, in order to ascertain presence or absence that are required by CPC s 522nd Article, for on the contrary case, the author of the report will convert, the retained interlocutory decisions appeal, according to CPC s 527th Article II incise new redaction establishment. Moreover, new Law has suppressed, in CPC s 527th Article unique paragraph, the interlocutory decisions appeal, when the relator s decision will be, guided on the basis upon the above-mentioned Article IInd and IIIrd incises, harming, consequently, constitutional principles in the meantime, the topic under studying aims at evaluating the principal repercussions introduced in 522nd Article Caput and in 527th Article IInd incise and its unique paragraph, all of them concerning the CPC which introductions in have been inserted by 11.187th/2005 Law