Agravo de instrumento: a sistemática inserida pela Lei 13.105/2015

Abstract

Law no. 13.105/2015 abolished the figure of retained offense and brought significant changes to the appeal of an instrument, among them that of listing in its article 1.015 a list of interlocutory decisions that are aggravated by instrument. Interlocutory decisions that are not included in this list as being punishable by an instrument do not preclude, since they may be raised in a preliminary of appeal or contrary, as provided in article 1.009, paragraph 1 of the CPC, however, the great problem arises when the interlocutory decision is not foreseen in the list of article 1.015 of the CPC and can not wait until the occasion of the appeal or the contrarrazões to challenge it without prejudice, thus, with respect to that role, both doctrine and the courts have positions in this regard, although they are not in the same sense, that is, there are understandings in the sense that the role is exhaustive, but there are also those who maintain that it is possible to admit other hypotheses not contained explicitly in law. In view of these issues, the objective of the present work is to perform an analysis of the modifications implemented by said law, as well as to discuss the major impacts resulting from these changes