A apelação e a sanação de vícios pelo tribunal

Abstract

The scope of our work is to prepare a thorough study in connection with appeals, emphasizing the possibility of remedying the procedural malpractices directly by the Supreme State Court. We shall not simply handle those articles contained in Book I, Heading X, Chapter II, in the Civil Procedural Code. We shall further study other relevant issues related, whether direct or indirectly, with the appeals. These include: (i) the new decision concept and its consequences in the remedial field; (ii) the remedy principles in connection with appeals; (iii) the admissibility requirements; and (iv) the effects of the acknowledgment thereof. The main focus of our scientific work relies in one of the innovations brought by Law 11.276/2006 that included § 4º in art. 515 of the Civil Procedural Code, which enables the performance or renewal of the flawed action, for the sake of procedural effectiveness and haste, under appellate degree within the Supreme State Court, without the need for annulment of the decision and remanding the records to the lower courts, so that a new decision is rendered. The innovation relies on the fact of the reach of the ruling, to the procedures adopted by the Supreme State Court, the comparative analysis with other provisions that govern the remedying of malpractices and their usage in other remedy types. We shall further prepare a systematization of the rule's incidence events