Os poderes do relator na nova sistemática recursal: análise do artigo 557 do código de processo civil

Abstract

The theme chosen for this work deals with the powers conferred to the President Judge by procedural reforms. Such assignments derive from the excessive increase number of processes and consequently accumulate resources in our courts and aim to reduce the work of the Court, simplifying and speeding the Judge work. We have seen in recent years editing laws delegating to the President Judge, in all courts and not just the superior ones, the jurisdiction for a preliminary examination of the admissibility requirements of resources, this trend culminated in some cases, with the assignment of competence to judge the merit of the own tyrannical action. Accordingly, it makes sense an analysis of the changes made by the article 557 of the Code of Civil Procedure, through procedural reforms, which culminated with the awarding of the President Judge of the legal power to provide or improve resources, isolated, in the assumptions included in the referred device. It is worth noting that such power is not absolute, because of the acceptability of the motion against denial (“agravo interno”) and other means to contest, allowing the aggrieved party to submit to the collegiate of the Court the contested decision. The work aims to demonstrate the importance of innovation in Brazilian appellate system, assigning the President Judge of the processes new functions, as well as verify if the breaking of the character Collegiate Court's pronouncements hurts or not constitutional principles and, above all, if such action reaches its scope which is to expedite the trial of cases before the courts