Análise crítica do instituto da intempestividade recursal por antecipação à luz do princípio da efetividade processual

Abstract

This paper examines the reasonability of the understanding of national Courts that, based on the orientations emanated by the Supreme Federal Court and the Supreme Court of Justice, deem early the legal reviews interposed before the attacked decision’s publication. A jurisprudential study on the matter will be made, aiming at understanding the reasons used in the judgments about the topic, whose goals consist at last in the verification of the logical congruency to the axiological net that orders modern civil procedure law, under the influx of the instrumentalist ideals. In conclusion, it will be seen that, in attention to the claims of procedural celerity and effectiveness, the jurisprudential disarray is being, in a slow way, resolved, towards the acceptance of early decisions. On the other hand, on a parallel way to that jurisprudential orientation, it will be seen that the legislative tendency is to make pacific the divergence pointed in this study.