THE DECISION OF THE REPETITIVE THEME 988 OF THE STJ, TAXATIVENESS MITIGATED THE INTERLOCUTORY APPEAL AND ITS PROCEDURAL REFLEXES

Abstract

This article has the purpose to analyze the conceptual reformulation of the interlocutory appeal by the CPC/2015, its taxativeness and restriction of hypotheses in the knowledge phase at first and, later, as object of the work and research problem analyze the judgment of Repetitive Theme 998 of the STJ, the option for mitigating taxativeness and the procedural impacts of the decision choice of the STJ, including in the system of preclusion of interlocutions. The methodology is deductive, in view of a bibliographical research on the proposed theme and the study of the specific case of repetitive theme 988 of the STJ and the procedural reflexes of the decision choice of the Superior Court itself.

Keywords

• appeal
• taxativeness
• mitigation
• preclusion