Cabimento do agravo de instrumento direito processual civil

Abstract

The present work discusses about the changes brought by the Code of Civil Procedure established by law number 13.105 / 2015, regarding the interlocutory appeal, which was the procedural remedy provided to combat any interlocutory decision under penalty of estoppel, and today has a definitive provision as to the provisions of article 1.015 of the Code of Civil Procedure. In the extinct code, there were two types of interlocutory appeal, the withheld and the instrument, the latter allowing for the immediate analysis of the matter by the Court of Justice, while the withheld remained in the file for consideration only if reiterated in appeal or counterarguments of appeal. However, as significant changes on the subject involve discussions on doctrine and jurisprudence, especially on harmful episodes, which may lead to negative consequences, including affecting the rights guaranteed by the Federal Constitution, giving rise to a position of the Superior Court of Justice on the subject. Thus, the study launched will address the possibility of extending or not extending the scope of the interlocutory appeal, which will be based on the recent ruling issued by the Superior Court of Justice in this regard, as well as the light of the reasoning of renowned jurists and case law of the other courts of the Federation