Post by forum244 on Oct 20, 2023 22:42:36 GMT -5
The Brazilian appeals system is the subject of study by many jurists. This is because those who have an unfavorable decision are not usually satisfied, therefore wanting the said decision to be reviewed or annulled. It is important to mention that there are several types of appeals, such as appeals, appeals, special appeals, embargos for clarification, among others.
Here on the IDP Online blog we spam data have already studied the concept of appeal (and the types of decisions made by the magistrate), and on another occasion I have already told you how you can prepare an extraordinary appeal .
In this text, we will study the Interlocutory Appeal appeal, with express provision in art. 1,015 of the Civil Procedure Code .
Interlocutory appeal and interlocutory decisions
In accordance with art. 1,015 of the CPC, it is possible to file an interlocutory appeal when we are faced with an interlocutory decision.
The interlocutory decision, in turn, is the one given during the course of the process; That is to say, it is the judicial pronouncement that resolves the issue, without putting an end to the process (art. 203, § 2 of the CPC).
This final part of the concept – “without putting an end to the process” – is the main characteristic of the interlocutory decision. This is because, even if it decides on the merits, if the decision does not put an end to the cognitive phase of the common procedure or the execution, we will be facing an interlocutory decision.
In other words, the content of the decision is relevant, but not sufficient to qualify it, since: if it has the content of arts. 485 or 487 and also extinguishes the process, the decision is a sentence!
If the decision, in turn, contains material from arts. 485 or 48, but it does not extinguish the execution process nor the cognitive phase of the common procedure, it is an interlocutory decision.
The appealability of interlocutory decisions
As a rule, all interlocutory decisions are subject to appeal. However, not every interlocutory decision is immediately appealable.
This is because only the interlocutors listed exhaustively in art. 1,015 of the CPC are immediately challengeable, through the appeal of an instrument.
Interlocutory decisions that are not included in the list of art. 1,015 are challengeable in the reasons or counter-reasons of appeal (art. 1009, § 1 of the CPC). In other words, such issues are not subject to estoppel.
As a logical consequence, interlocutory decisions that are appealable by means of an appeal, that is, those that are in the hypotheses contained in the list of art. 1,015 of the CPC, are subject to estoppel.
This means that, if they are not challenged by the appeal, the party or interested party loses the right to later challenge that decision.
Here on the IDP Online blog we spam data have already studied the concept of appeal (and the types of decisions made by the magistrate), and on another occasion I have already told you how you can prepare an extraordinary appeal .
In this text, we will study the Interlocutory Appeal appeal, with express provision in art. 1,015 of the Civil Procedure Code .
Interlocutory appeal and interlocutory decisions
In accordance with art. 1,015 of the CPC, it is possible to file an interlocutory appeal when we are faced with an interlocutory decision.
The interlocutory decision, in turn, is the one given during the course of the process; That is to say, it is the judicial pronouncement that resolves the issue, without putting an end to the process (art. 203, § 2 of the CPC).
This final part of the concept – “without putting an end to the process” – is the main characteristic of the interlocutory decision. This is because, even if it decides on the merits, if the decision does not put an end to the cognitive phase of the common procedure or the execution, we will be facing an interlocutory decision.
In other words, the content of the decision is relevant, but not sufficient to qualify it, since: if it has the content of arts. 485 or 487 and also extinguishes the process, the decision is a sentence!
If the decision, in turn, contains material from arts. 485 or 48, but it does not extinguish the execution process nor the cognitive phase of the common procedure, it is an interlocutory decision.
The appealability of interlocutory decisions
As a rule, all interlocutory decisions are subject to appeal. However, not every interlocutory decision is immediately appealable.
This is because only the interlocutors listed exhaustively in art. 1,015 of the CPC are immediately challengeable, through the appeal of an instrument.
Interlocutory decisions that are not included in the list of art. 1,015 are challengeable in the reasons or counter-reasons of appeal (art. 1009, § 1 of the CPC). In other words, such issues are not subject to estoppel.
As a logical consequence, interlocutory decisions that are appealable by means of an appeal, that is, those that are in the hypotheses contained in the list of art. 1,015 of the CPC, are subject to estoppel.
This means that, if they are not challenged by the appeal, the party or interested party loses the right to later challenge that decision.