Cabimento do recurso de agravo : os efeitos da taxatividade do rol do artigo 1.015 do Código de Processo Civil de 2015 na prestação jurisdicional

Abstract

The purpose of the present study is to demonstrate the changes in review appeal with the publication of Law no. 13,105/2015; the new Code of Civil Procedure; and its impact on the interpretation of the provision text as well as on the provision of judicial protection in the scope of Brazilian Justice. The applied methodology is based on literary research with ballast in the doctrine, jurisprudence and legislation. As a result of the analysis of changes in the procedural law there is a significant change in the processes of the judiciary with respect to the Bill of Review Appeal which, of course, impacts the procedural process. The biggest dilemma currently faced by legal practitioners, as a result of the changes brought forth by article 1015 of the CCP/2015 regarding the system of recourse to interlocutory decisions, is in the interpretation of the role of the said device, whether it should be exhaustive or be allowed to be extensive. For this reason, in this brief period which may still be called adaptive, it is not possible to establish with absolute certainty whether or not these changes will drive the procedural gait as is expected or will have positive results in the judicial protection delivered. Nonetheless, the chief results observed with the edition of the new procedural law show that the proposed changes, despite having the intention of facilitating the legal profession, had an impact on the search for the judicial protection of the State.