O efeito suspensivo dos recursos no processo civil brasileiro

Abstract

The present thesis has the aim to analyse the suspensive effect of the appeals on Brazilian Civil Procedure, investigating its relation with the effectiveness of the process.

In this context, the study initiates with a brief introduction on the other effects of the appeals and, on Chapter II, analyses the historical origin of the suspensive effect. Chapter III presents the general aspects of the suspensive effect, from its objective and temporal dimensions. In the following Chapters IV to IX the application of the suspensive effect to each kind of appeal is analyzed: apelação, agravo, embargos infringentes, embargos de declaração, recursos especial e extraordinário e embargos de divergência . On Chapter X, we provide a classification of the various suspensive effects , according to the perspective considered (object, cause, function and resource). Chapter XI brings a brief summary on the modifications proposed by the Law Project n. 8046/10 (which intends to create the new Civil Procedure Code).

Finally, on the last Chapter, we analyze the conflict between the effectiveness and agility of the civil process (harmed by the frequent use of appeals to delay the procedure) and, on the other side, the integrity of jurisdiction (that may be destroyed by the risk related to the execution of decisions that are modified afterwards), defending that the suspensive effect represents a necessary (though problematic) instrument to the effectiveness of process