O efeito devolutivo da apelação

Abstract

This monographic work analyzes the appeal process within the Brazilian procedural legal system, with a special focus on the devolutive effect. The appeal is an essential tool to ensure the possibility of reexamination and correct possible errors or injustices in the first instance. The study examines the nature, scope, depth, and limits of the devolutive effect of appeal, highlighting that it is not unlimited. Additionally, the monograph explores the application of the principle tantum devolutum quantum appellatum, according to Article 1.013 of the CPC, and discusses the limitations of the devolutive effect in relation to these principles. The analysis also covers the translative effect and the possibility of the court ex officio addressing issues involving matters of public order. The importance of the devolutive effect of appeal is emphasized not only for its practical relevance but also for its impact on the effectiveness of the justice system. The work offers a critical reflection on the limits and possibilities of the appeal, promoting a better understanding of procedural dynamics and the search for a balance between speed and justice in judicial decisions