Agravo de instrumento e superveniência de sentença: segurança jurídica no sistema recursal do processo civil brasileiro

Abstract

The Brazilian civil code appeal system seeks to ensure legal certainty to those who submit to the Judiciary Power. However, this will not always be possible, as in the Bill of Review Appeal and in the delivery of it's supervening judgment. Through bibliographical and jurisprudential research, it was sought to better identify the problem, as well as its own solution, preferably by privileging certainty in legal relationships. Two distinct situations may arise. First, a judgment is passed and there is a pending Bill of Review. As a reasonable outcome for the problem, the application of the recursional interest parameter of the recurring party is presented, that is, if there is interest on its part, the appeal will be judged, without decree of the loss of the object. Second, a decision that is supervenient to the process with a grievance of an already Bill of Review is passed, in this cae the criteria of hierarchy and cognition will be applied, that is, if both organs knew in depth thematter put there, should privilege the one of greater hierarchy. Otherwise, who has achieved the highest cognition prevails.