O agravo de instrumento no novo código de processo civil à luz dos princípios constitucionais processuais

Abstract

This study aims to assess the proposals under discussion in Congress regarding the new Code of Civil Procedure, this longing of the whole legal community , specifically in the appellate harvest . Among the updates and proposals being discussed in the legislature, is the amendment to feature interlocutory appeal which shall be autonomous and self- regulating, unlike the current code that is kind of grievance, and the same time, have their chances of bringing in a specific article provided through exhaustive list, rescuing a legal format already used in the Brazilian procedural law when the validity of the Code of Civil Procedure, 1939. This change in format proposal raises the discussion on legal community as to their suitability with the guiding constitutional principles of judicial procedure. The greatest questions relate to their suitability with the principles of the judicial protection, and the adversarial legal defense. The operators of the Law believes that predictive hypotheses provided for appeal through exhaustive list undertakes these principles , since other possibilities that arise in procedural dynamics and are not listed in the cool weather, affect the performance court the part that feels aggrieved . In short , it is about a research topic about not yet consolidated and that certainly will be discussed and suffer detailed studies by the scholars and jurists.