The appeal of interlocutory decisions in CPC / 2015

advance or setback of procedural legislation?

Abstract

This article intends to give the reader an overview of the new systematics of the Civil Procedure Code of 2015 regarding the limitation of the list of article 1.015 on the appropriateness of an interlocutory appeal. The research problem is to investigate whether the changes that occurred with the advent of the Civil Procedure Code of 2015 regarding the recurrence of interlocutory decisions represented an advance or regress of procedural legislation on the subject. The applied method was through research in the legislation, view of the proceduralist indoctrinators and also jurisprudence of different Courts, especially of the Superior Court of Justice. The results showed that the indoctrinators and magistrates are still divided as to the application of the amendment, leaving one part understanding the list as exhaustive and the other as merely exemplary, while the indoctrinators see it as an advance, because in this way the process becomes more quickly, others report it as a setback, since the legislator could be harmed if the matter that needs to be reformed is not expressed in the list of the article treated here. Due to the analysis performed by the Superior Court, it is concluded that this is a step backwards, leading the Superior Court of Justice to define the mitigated taxativity thesis. The methodology used will be the deductive type, from a general premise to the individual one, and concluding in a particular way about the subject.