Juízo de admissibilidade no recurso de apelação com efeito regressivo

Abstract

With the purpose of demonstrating how to make the judgment of admissibility of an appeal filed against a decision that allows the retraction, in light of the prevision contained in paragraph 3rd of article 1.010 of the Code of Civil Procedure of 2015, we have prepared the present monography, whose relevance is justified by the legislative amendment that occurred with the publication of Law 13.105 of March 16, 2015, which introduced into the Brazilian legal system a new and reformulated Code of Civil Procedure, which came into force on March 18, 2016. Using the deductive method, we elaborate the monography to answer the question of how to make the judgment of admissibility of an appeal filed against sentence that admits the retraction, once paragraph 3rd of article 1.010 requires that the judge send the appeal to the court, independent of the judgment of admissibility. In order to reach the objectives outlined, we demonstrate the general notions on the judgment of admissibility of an appeal and their elements, followed by the analysis on the regressive effect in the appeal, mainly the hypotheses provided by law, ending with the approach to the problem of posture of the court of first degree in the face of the application of an appeal with a regressive effect and on the possibility or otherwise of a court hearing an action for admissibility which is manifestly inadmissible. We can observe that the doctrine is not unanimous in answering the questions raised, but it is more prudent the understanding that supports the need for the court of first degree to proceed with the analysis of the admissibility requirements prior to the retraction