NECESSARY REVIEW IN CPC/15: DISMISSAL WHEN THERE IS AN APPEAL BY THE PUBLIC LAW ENTITY

Abstract

This article analyzes the provisions of § 1º of art. 496 of CPC/2015, which deals with the necessary review in decisions against the public law entities, with the purpose of questioning and discussing its obligation when there is voluntary appeal, considering that, besides the clarity of the wording, from the point of view of the institute's functionality, if there is an appeal, there remains no use in maintaining it in civil proceedings. It is shown that although the doctrine is divided, jurisprudence is inclined to accept this understanding.

Keywords

• civil lawsuit
• review required
• public law entities
• appeal
• dispense