ATOS PROCESSUAIS - CONCEITO E CLASSIFICAÇÕES | Parte 1 | Direito Processual Civil

Summary

In this video on Brazilian civil procedure law, the speaker explains the concept of *ato processual* (procedural act) and its importance in legal proceedings. The video covers classifications of procedural acts, such as unilateral and bilateral acts, and details the key acts performed by judges, including *sentença* (judgment), *decisão interlocutória* (interlocutory decision), and *despacho* (dispatch). The speaker highlights the distinct roles of these acts in the process, their effects, and the time limits set by the Brazilian Civil Procedure Code for each type. Aimed at exam preparation, the content offers a clear understanding of procedural acts and their relevance in the legal field.

Takeaways

• 😀 Atos Processuais (procedural acts) are human actions intended to produce effects within a legal process.
• 😀 Unilateral acts are performed by one party without needing the other party's consent (e.g., filing a petition or answering a claim).
• 😀 Bilateral acts require mutual consent between parties (e.g., a settlement agreement).
• 😀 Sentença (judgment) is the most significant act, as it resolves the conflict and can conclude the process or a phase of it.
• 😀 A sentença can either conclude a phase of the process or the entire process, depending on the type of ruling (e.g., merits or procedural issue).
• 😀 Decisão Interlocutória (interlocutory decision) does not end the process, but addresses incidental issues during the process.
• 😀 Despacho (order) is a procedural act that does not involve decision-making but helps advance the process; it is not subject to appeal.
• 😀 Sentença is subject to appeal, but interlocutory decisions are also appealable, whereas orders are not.
• 😀 The timeframes for judges to act are: 30 days for sentencia, 10 days for interlocutory decisions, and 5 days for orders.
• 😀 Understanding the differences between sentences, interlocutory decisions, and orders is crucial for legal exams related to Civil Procedure.

Q & A

What is the concept of 'Atos Processuais' (procedural acts)?

A procedural act is any manifestation of human will aimed at producing a legal effect within the course of a lawsuit. For example, when the defendant contests the claim, they are performing a procedural act.

What is the difference between unilateral and bilateral procedural acts?

Unilateral acts are actions taken by one party without the consent of the other, such as filing a petition or contesting a claim. Bilateral acts, on the other hand, require the agreement of both parties, such as entering into a settlement.

Why is the classification of procedural acts according to the parties not commonly tested in exams?

The classification based on whether acts are unilateral or bilateral is not often asked in exams because it is considered less important compared to other classifications, particularly those related to the judge's actions.

What are the three main types of procedural acts performed by a judge?

The three main types of procedural acts performed by a judge are: 1) Sentences, 2) Interlocutory decisions, and 3) Orders.

What is the role of a sentence in a legal process?

A sentence is the most important procedural act performed by the judge because it ends a phase or the entire process. It resolves the conflict and is based on one of the matters outlined in the Civil Procedure Code, such as Articles 485 or 487.

How does the concept of a 'hybrid sentence' differ in the new Civil Procedure Code?

The new Civil Procedure Code defines a sentence as a 'hybrid' concept, meaning that it can either end the entire process or just a phase of it, as long as it addresses one of the specified matters, such as those in Articles 485 or 487.

What is an interlocutory decision, and how does it differ from a sentence?

An interlocutory decision is a judge's decision made during the process that addresses incidental issues. It does not end the process, unlike a sentence, which resolves the conflict or ends a phase of the process.

What is the purpose of a judge's order in a legal process?

A judge's order is a procedural act that does not involve decision-making but serves to move the case forward. Since it has no decisive content, it cannot be appealed.

Why can't an order be appealed?

An order cannot be appealed because it does not have a decision-making nature and does not cause harm to the parties involved. It simply serves to progress the case.

What are the time limits for judges to issue sentences, interlocutory decisions, and orders?

The judge has 30 days to issue a sentence, 10 days for an interlocutory decision, and 5 days for an order.