A natureza jurídica do rol do artigo 1.015 do Código de Processo Civil à luz do tema 988 do Superior Tribunal de Justiça

Abstract

The current essay seeks to study the legal nature of the roster from article 1.015 of the Brazilian Civil Procedure Code, established by the lawmakers and the interpretation conferred through the legal thesis of Theme 988 of the Superior Court of Justice (STJ). The through analysis was obtained through bibliographical reviews, search in general legislation and the jurisprudential understandings of various State Courts of the country, as well as from the Superior Court of Justice. With the development of the current work, it shall be verified the historical alignment of the appeal against interlocutory decisions since the Lusitanian Code until the current days, being given higher emphasis to the contemporary Brazilian Civil Procedure Code in regard to the hypothesis of suitability of such appeal and, later, the study of the doctrinaire perspectives that arose and the evolution of the Superior Court of Justice’s understanding of the subject addressed in this work. Finally, the exploration of the legal nature of the roster from article 1.015 of the Brazilian Civil Procedure Code given by Theme 988, whose understanding was that the completeness of the roster is to be mitigated, admitting the proposition of appeal against interlocutory decisions in the cases in which it is verified urgency arising from the risk of lack of effectiveness from the future court provision, ending with an analysis of the consequences generated by the establishment of the legal thesis and of how the State Courts have been applying Theme 988, especially the State Court of São Paulo