Name: FELIPE DALLA BERNARDINA FURTADO DE LEMOS
Publication date: 28/04/2022
Advisor:
Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Internal Examiner * |
Summary: The proposed research aims to carry out an in-depth analysis of the
expansion promoted by the Civil Procedure Code 2015 in relation to
provisional injunctions of evidence and its impact on the suspensive effect
rule of the appeal. During the course of the Civil Procedure Code Project in
the National Congress, an attempt was made, without success, to modify the
rule of the suspensive effect of the appeal. Despite this change not being
approved, alternative techniques for suppressing the suspensive effect of the
appeal were inserted into the Code, which promoted a radical change in the
procedural system. The hypotheses of granting provisional injunctions of
evidence were expanded while maintaining the hypothesis of an appeal with
only devolutive effect when filed against sentences that confirm or grant
provisional injunctions. From this, it was analyzed whether the impact of
these changes was able to relativize the rule of the suspensive effect of the
appeal.
