THE APPEAL AND THE APPLICABILITY OF ART. 1.012, §3 OF CPC IN BRAZIL. CONCESSION OF THE SUSPENSIVE EFFECT

Abstract

The innovation brought by CPC / 2015 in relation to the appeal, particularly, the relevant appeal regarding the granting of suspensive effect or not in the appeal, is the subject of this article. The objective is, from the reading of art. 1.012, §3 and §4 of the CPC, to present a study on the legal innovations and the practical form of handling mentioned resources in both modalities - firstly in preliminary of Appeal, secondly in petition to the court under the art. 1.012, §3, I of the CPC. We will also discuss the suspensive effect (in general) of the appeal, the provisional remedy and the appeal to become pertinent to the subject related to these aspects. The present article is justified in a way that, it presents a great innovation in the current legal system and, also alters a good part of this current system of appeals so, consequently, the access to justice and the reasonable duration of the process, the questions that show some great influence in the Democratic State of Law.

Keywords

• appeal
• cpc/2015
• suspensive effect
• recurrent provisional protection