O agravo de instrumento e sua sistemática no código de processo civil de 2015

Abstract

The interlocutory appeal is procedural remedy fokessen the civil law, as art. 994, II, of the Civil Procedure Code (CPC) of 2015 (Law no. 13105 of 16 March 2015) and aims to set upon interlocutory decisions listed, in particular, but not exclusively, in article 1,015 of that procedural law. It is, therefore, a mechanism that allows the contested rediscussion immediate decision aiding to be cleared when recognized, severe damage and difficult to repair. The aim of this work is to verify how the interlocutory appeal was systematized in 2015 CPC, detaching your chances of appropriateness and discussion about the choices that led the legislator to modify the injury compared to the Civil Procedure Code 1973. To achieve this goal, the work is an initial analysis of the general theory of resources from the perspective of an interlocutory appeal, with emphasis on its historical conception. In a second part, we analyze all the appropriateness of assumptions interlocutory appeal listed by procedural legislation. In a third part, bring some appreciation of the new format. Finally, the work brings some conclusions about how the new stricter system of appropriateness imposed by the 2015 CPC may impact the interlocutory appeal