UNCONSTITUTIONALITY OF ECONOMIC EXEMPTIOM OF AUTOMATIC APPEAL OF BRAZILIAN PROCEDURE CODE OF 2015: COLLECTIVE INTEREST, REASONABLENESS AND FEDERALISM

Abstract

This study analyzes the constitutionality of §3° of article 496 from Brazilian Procedure Code (Federal law number 13.105/2015), considering rules of collective interest, material equality, federalism, financial autonomy and legislative powers of Federal Government, States, Federal District and municipalities. Additionally, it presents legislative propositions to optimize the automatic appeal and its exemptions.

Keywords

• automatic appeal
• exemptions
• §3° of article 496
• cpc/2015
• constitutionality