Name: EMMANUEL DOMINGUES
Publication date: 19/11/2020
Advisor:
Name |
Role |
|---|---|
| TIAGO FIGUEIREDO GONÇALVES | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Internal Examiner * |
| RODRIGO REIS MAZZEI | Internal Examiner * |
| TIAGO FIGUEIREDO GONÇALVES | Advisor * |
Summary: This dissertation aims to analyze the admissibility requirements in the Civil Procedure Code of 2015 under the light of the fundamental rules of civil procedure, both constitutional and those inserted in the current procedural codification, standing out the principle of primacy of the merit solution, the principle of cooperation and the cooperative process model, procedural good faith, and efficiency. The study was based on a hypothetical-deductive methodology, which included bibliography, documents and jurisprudence research, mainly from the High courts (Supreme Federal Court and Superior Court of Justice) and the Court of Justice of the State of Espírito Santo, place of the research, in order to analyze how the admissibility requirements of this appeal species are being required in practice. Initially, an approach is made on the historical evolution of the internal appeal until it reaches its current format, and the tendency to expand the powers of the rapporteur to the detriment of the tradition of collegiality in the judgment of the courts. In a second step, a distinction is made between what is the admissibility and merit judgment of the appeal, and the importance of the principles of primacy of the merit solution, the cooperative process model and other related principles for the analysis of the admissibility of the internal appeal. Finally, we proceed to the detailed examination of all the admissibility requirements of the appeal object of this dissertation, based on the general theory of appeals and always assuming that the admissibility requirements, although important for the guarantee of legal security and procedural order, cannot have an end in itself, and in the absence of one of its requirements, whenever possible, the appellant should be given the possibility of being fixed, so that the merits of the internal appeal are examined, thus allowing for the highest objective of the jurisdiction, which is the pacification of conflicts and the realization of material law.
Keywords: Appeals. Internal appeal. Admissibility requirements. Primacy of the merit solution. Cooperative process model. Clearance of requirement admissibility errors.
