Agravo de Instrumento | Processo Civil Desenhado

Summary

This video explains the concept of **agravo de instrumento** (interlocutory appeal) in Brazilian civil procedure law, detailing its legal framework and specific situations where it applies. Key scenarios include provisional remedies, partial judgments on merits, rejection of arbitration, legal aid revocation, and more. The appeal is filed directly with the appellate court and follows strict procedural requirements, such as notifying the original court within three days. The process is designed to address decisions that affect the ongoing case but do not result in a final judgment, providing an essential tool for legal practitioners to challenge interim decisions in court.

Takeaways

• 😀 Agravo de instrumento is an appeal mechanism under Articles 1015 to 1020 of the Brazilian Civil Procedure Code (CPC) used for interlocutory decisions, not final judgments.
• 😀 The primary focus of agravo de instrumento is to challenge decisions that affect the course of a case before a final ruling is made, such as provisional remedies or partial judgments on merits.
• 😀 Agravo de instrumento can be filed in cases involving provisional remedies (tutela provisória), which allow parties to request urgent court decisions before the final judgment.
• 😀 In cases of partial judgments on the merits, where a judge addresses part of the case without issuing a final ruling, agravo de instrumento is available.
• 😀 Rejection of arbitration clauses or the decision to exclude key documents can also be contested through agravo de instrumento.
• 😀 When a court revokes or rejects a request for court fee exemptions (gratuidade), agravo de instrumento is an option for challenging such decisions.
• 😀 Agravo de instrumento applies to situations where third parties are involved in the case, including the inclusion or exclusion of parties, such as in cases of personality rights or intervention of third parties.
• 😀 The procedure for filing agravo de instrumento requires submitting a petition directly to the appellate court, bypassing the original trial court in the case of interlocutory decisions.
• 😀 Key documents required for agravo de instrumento include the petition, a copy of the contested interlocutory decision, and relevant legal documents, such as attorney powers of representation.
• 😀 If the process is handled electronically, the court is automatically informed about the appeal. However, in physical cases, the original court must be informed within three days to ensure the appeal's acceptance.
• 😀 The tribunal has the authority to accept, deny, or provisionally adjust the original decision. In certain cases, it may hold a session to review the appeal, as seen in the procedural steps outlined.

Q & A

What is the primary subject of the script?

The script focuses on the 'agravo de instrumento' (interlocutory appeal) in Brazilian civil procedure, specifically the conditions under which it can be filed, its procedural aspects, and the relevant legal framework in the Código de Processo Civil (CPC).

Which article of the Código de Processo Civil (CPC) is central to the discussion of 'agravo de instrumento'?

Article 1015 of the CPC is central to the discussion, as it outlines the specific situations in which an 'agravo de instrumento' can be filed.

What are some of the key situations where 'agravo de instrumento' can be used?

Some key situations include decisions involving provisional measures (tutela provisória), partial judgments on merits, rejection of arbitration agreements, third-party interventions, revocation of legal aid, refusal to exhibit documents, exclusion of a defendant, and modifications to the suspensive effect of execution objections.

What is the significance of 'tutela provisória' in the context of 'agravo de instrumento'?

'Tutela provisória' refers to provisional relief, and if a court decision on provisional relief is made interlocutorily, it can be challenged through 'agravo de instrumento'.

Can 'agravo de instrumento' be used when a defendant is excluded from a lawsuit?

Yes, if a defendant is excluded from a lawsuit by the court, an 'agravo de instrumento' can be filed to challenge the exclusion.

What is required for the admissibility of an 'agravo de instrumento'?

For an 'agravo de instrumento' to be admissible, the appeal must be filed within the deadline, with the proper documentation (e.g., initial petition, contested decision, legal representation), and the necessary fees must be paid.

How does the procedure for filing an 'agravo de instrumento' differ from an appeal of a final judgment?

An 'agravo de instrumento' is filed directly with the court of appeals (tribunal), bypassing the initial trial court, while an appeal of a final judgment typically involves appealing to the higher court after the case has been concluded at the trial level.

What happens if the 'agravo de instrumento' is filed in a physical process, rather than an electronic one?

In a physical process, the originating court must be informed within three days of filing the 'agravo de instrumento'. In an electronic process, this information is automatically available within the judicial system.

What are the consequences if the court fails to inform the originating court in the case of a physical process?

If the originating court is not informed within the three-day deadline for a physical process, the appeal may be rejected, but only if the opposing party points this out. If the opposing party does not raise the issue, the appeal may still be admitted.

What does the term 'preparo' refer to in the context of 'agravo de instrumento'?

'Preparo' refers to the payment of the necessary fees for processing the appeal in the court of appeals. It is a requirement for filing 'agravo de instrumento'.