Abstract

BOCHENEK, Antônio César; DALAZOANA, Vinícius  and  DUVOISIN, Matheus Schimilouski. THE APPEAL OF JURISDICTIONAL DECISIONS BY INTERLOCUTORY APPEAL ALSO KNOWN AS“AGRAVO DE INSTRUMENTO”: GROUNDS. Revista Internacional CONSINTER de Direito [online]. 2021, n.12, pp.307-320.  Epub June 30, 2021. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00012.14.

This article is a refinement and expansion of the initial ideas regarding the possibility of interpose the "agravo de instrumento" in the Civil Procedure Code of 2015, in view of the innovation and taxativeness of its hypotheses. After the initial debates, the jurisprudence of the Courts advanced and defined some new directions for the topic. In this text, the ideas are centered on the possibility or not of filing this appeal in cases of decisions on jurisdiction and other matters that were not addressed by the legislator when the new Brazilian Civil Procedure Code was issued. The basis of the proposed update for the present work is centered on the fact that, in 2019, the Superior Court of Justice (STJ) attributed a new understanding to the resource under discussion, expanding the possibility of interposing it, as well as proposing great academic, doctrinal and jurisprudential debates on the topic.

Keywords : Taxative Role; Mitigated Rol; Superior Justice Tribunal.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )