Os desafios inerentes à escolha da natureza interpretativa do art. 1.015 do CPC: uma análise à luz dos princípios processuais

Abstract

The following essay has the goal of presenting the treatment given by the Brazilian Civil Procedure Code of 2015 to interlocutory appeals, as well as its impacts over academic and case law fields. For this purpose, an analysis will be held on interlocutory appeal’s concept and, more importantly, on its interpretative nature, being that the one envisioned by the legislator or the one scholars and law enforcers find more adequate. Likewise, in order to elucidate such procedural innovation, social and juridical contexts that preceded the establishment of a new judicial review system will be analyzed, more precisely the contexts that preceded the creation of interlocutory appeal both in the elaborations of the Brazilian Civil Procedure Code of 1973 and the Code of 2015. Moreover, it will be fundamental to analyze this judicial appeal species in the light of procedural principles as a manner of consubstantiate schools of thoughts, from which the different interpretations of section 1.015 of the Brazilian Civil Procedure Code of 2015can be extracted. In addition, a special highlight will be given on procedural principles and mainly on the urging need of balancing those principles. Furthermore, the present monography will briefly introduce primary discussions on special appeals judgements affected by definitive appeals rite, currently in progress in the Superior Court of Justice, and in which the interpretative nature of Brazilian Civil Procedure Code of 2015’s section 1.015 will be defined. Therefore, the present research is important inasmuch as it points out important observations coming from all the parties engaged on the mentioned discussion, and, thus, enables a precise analysis of their lessons – what is expected to help reaching a solution to such question.