Análise da recorribilidade das decisões interlocutórias sobre tutelas de urgência nos juizados especiais cíveis estaduais

Abstract

The study examines the recurrence of interlocutory decisions on urgency injunctions in the State Special Civil Courts, by considering that, in its systematic - governed by Law 9.099 / 95 - there was no for appeal express provision in the face of the referred judicial pronouncements. It begins with a perspective on the Special Courts’ appearance in Brazil, by ascertaining that these judicial bodies emerged in the search for higher approximation between citizen and Judiciary. Then, it discusses the procedure’s guiding principles - sumaríssimo - of the State Courts namely: orality, informality, simplicity, celerity, procedural economy and search for conciliation. Afterwards, the study focused to exam the judicial pronouncements issued in the first tier of jurisdiction, which influence the organization and functioning of the courts’ retrial system. Next, the admissible appeals in the State Courts are exposed, by evidencing the express provision inexistence of recourse in the face of interlocutory decisions. Subsequently, it is approached the suitability of urgency injunctions in the sumaríssimo procedure by pointing out its time duration for a period superior to the foreseen in Law nº 9.099 / 95. Finally, a critical analysis is made about the positioning adopted by the Brazilian Supreme Court - about the recurrence of interlocutory decisions in State Courts - in Extraordinary Appeal 576.847 / BA, by examining the existence of an adequate to execute it. With regards to the methodological aspects, it is realized a descriptiveanalytical study through bibliographical research in books and scientific articles by several authors, such as Fredie Didier Júnior, Humberto Theodoro Júnior, Alexandre Freitas Câmara, Cássio Scarpinella Bueno and Elpídio Donizetti.