1. O NOVO CÓDIGO DE PROCESSO CIVIL E O JUÍZO DE ADMISSIBILIDADE DOS RECURSOS ESPECIAIS: NOVA LEGISLAÇÃO, VELHOS PROBLEMAS?
- Author
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Pereira ARAUJO, Lucas and Paiva BARBOSA, Marcus Vinícius
- Subjects
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CIVIL procedure , *CIVIL law , *LEGAL procedure , *CONSTITUTIONAL law , *SUPERIOR courts - Abstract
The purpose of this study is analyze, based on the new Code of Civil Procedure, the Superior Court of Justice historic understanding about the analysis of the merits of the special appeal (violation or not of the federal law) by the appealed court to assess its admissibility. Broach this theme is justified by the necessity of understand if the citizenship Court position is compatible or not with the new Code of Civil Procedure provisions about the appeals dynamics. To achieve the objective proposed, it was performed a bibliography revision of Constitutional law and Civil Procedure law about the admissibility judgment of the special's appeals, its systematic at the anterior Code of Civil Procedure and the dynamic established by the new. Still in the methodological aspect, it was performed a empiric search in which was analyzed, at the São Paulo's Justice Court ambit, admissibility's decisions proclaimed in the last eight years, aim to investigate if those decisions suffered any change after the new Code of Civil Procedure coming. After the comparison of the data get through the bibliography revision front that get through the empiric search, it was conclude by the necessity of think over the way that the admissibility judgment is done by the origin Courts, considering that, despite be in effect a new code, still remains the old problems of incursion in the merits of the special appeal by the appealed court, in clear invasion of the Superior Court of Justice competence. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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