Do agravo de instrumento no novo CPC - questões polêmicas inviabilidade de rol taxativo de decisões interlocutórias recorríveis

Abstract

The intention in this work is to address the paradigm shift made by "New CPC" as the restriction of the hypotheses of the appropriateness of an interlocutory appeal. Will be initially made a comparison between the current text, and the final text of the House without changes that can be made even in the Senate. From this perspective it will be possible to identify an abrupt change, which aims to reduce the chances of the appropriateness of the appeal only to certain situations, all with a view to achieving greater speed in the processing of civil cases that are filed in our country. The problem of slowness is serious and needs to seek measures that actually effectively reducing the processing time of the judicial process in our country, this is indisputable. However, the medicine used in the "New CPC", namely, the reduction of the design assumptions of the appropriateness of the existing main feature in civil procedure, has no effect and will still cause tremendous restriction on fundamental rights of the citizen. These are the outlines that we intend to take this work to demonstrate effectively that the legal restriction assumptions of the appropriateness of an interlocutory appeal will not solve the problem of the slowness of the judiciary, nor permit a fairer adjudication.