THE IMPACTS OF THE FUNDAMENTATION OF RESOURCE ADMISSIBILITY ON THE SYSTEMIC FUNCTIONALITY OF THE INTERNAL DAMAGE AND THE DAMAGE IN SPECIAL APPEAL AND EXTRAORDINARY APPEAL

Abstract

The Civil Procedure Code have been substantially modified with the Law 13256/2016, that changed the admissibility of exceptional appeals. In this sense, some aspects inherent to the appeal system were affected, among them the admissibility judgment. Thus, by applying a hypothetical-deductive methodology, the present study aims to analyze the systemic and practical functionality of the conditions of articles 1.021 and 1.042. In this way, it seeks to investigate whether the concentration of the admissibility judgment in the second instance may impact the confusion of the available remedies.

Keywords

• resources
• precedents
• admissibility
• competence
• court