Recurso inominado à sentença terminativa nos juizados especiais federais cíveis

Abstract

Particularly in Federal small claims courts, special jurisdiction based by the principles of orality, simplicity, informality, procedural savings and fastness, arises an interpretative deadlock due to law that says the following: in exception to interlocutory decisions avoiding damages of difficult repair, it is only allowed remedy to definitive sentences. The point is that the term “definitive sentence” as long as can be understood in a technical sense, meaning judgment on merits, it can also mean a final judgment, which may or may not judge the case’s merits. So, it is up to the interpreter to investigate as far as the double degree of jurisdiction is mitigated. In order to accomplish this effort, he uses the traditional legal hermeneutics and the new constitutional hermeneutics. By the logical, systematical, teleological, historical, sociological interpretations, and with an interpretation according to the Constitution, comes the conclusion which is possible to appeal to every kind of final decisions in Federal small claims courts. Otherwise, knowing some judge resistance about this recourse, the alternative is the injunction, heroic remedy against teratologycal judicial acts.