Agravo de instrumento e a sua recorribilidade nas decisões interlocutorias a luz do código de processo civil de 2015

Abstract

The interlocutory appeal is a resource that serves to combat interlocutory decisions of the COURT, through the list of article 1.015 of the CODE OF CIVIL PROCEDURE. The big question revolves around the recent decision of the SUPERIOR COURT OF JUSTICE, which concerns the list of article 1015, due to the constant doctrinal doubts about whether it is considered exhaustive or not. The SUPERIOR COURT OF JUSTICE gave a special character to the appeal, being recognized as a mitigated rate. Which implies, in cases where this appeal is applicable, an interpretation being allowed to verify its suitability in a given matter. In addition, it seeks to understand the considerable changes in the regime of the interlocutory appeal and its appeal in interlocutory decisions, based on the 2015 CIVIL PROCEDURE CODE, and seeks to analyze in practice whether it brought more legal certainty to the CIVIL PROCEDURE. The research is about bibliographical searches, through books and cause law, as well as used the most varied sites, in order to make possible and elucidate the theme. The deductive method of approach was used, as it sought to analyze the interlocutory appeal and its appropriateness in interlocutory decisions. As a method of procedure, the historical was used, due to analyzing the codes of previous civil proceedings, and the descriptive, as it sought to describe the interlocutory appeal. The grievances of previous instruments went against matters of a nature that were harmful to the point of causing serious injury or difficult to repair those who were affected by the interlocutory decision, the CODE OF CIVIL PROCEDURE of 2015 provides for the cases, but the SUPERIOR COURT OF JUSTICE after affirming mitigated taxability, leaves room for other cases in which the interlocutory appeal is applicable, generating legal uncertainty, where at each interlocutory decision, an interlocutory appeal is filed.