Processo Civil - Recurso Ordinário

Summary

In this educational lecture, the instructor explains the concept of 'recurso ordinário' (ordinary appeal), focusing on its application in Brazilian constitutional law. The lecturer highlights the differences between appeals for the Superior Court of Justice (STJ) and the Supreme Federal Court (STF), emphasizing the procedures and contexts in which these appeals are applicable. The session covers the types of decisions that allow for these appeals, providing practical examples, and elaborates on the differences between ordinary, special, and extraordinary appeals. The discussion also includes advice on approaching exams and understanding legal procedures related to these appeals.

Takeaways

• 😀 The 'Recurso Ordinário Constitucional' (RO) is a legal remedy under Brazilian law, primarily covered by the Civil Procedure Code and the Constitution.
• 😀 RO is often tested in law exams, especially in the second phase of exams, and is similar to an appeal, but the recipient court differs.
• 😀 For exam purposes, the focus should be on understanding when to use RO for the STJ (Superior Court of Justice) as it is more relevant than the STF (Supreme Federal Court).
• 😀 RO is addressed to the STJ or STF depending on the type of decision, such as in cases of habeas corpus or mandado de segurança.
• 😀 The main procedural difference between RO and appeal is the court it is addressed to. In most cases, RO is filed directly to the STJ or STF.
• 😀 The constitutional basis for RO can be found in Articles 102, II, and 105, II, of the Brazilian Constitution, but the Civil Procedure Code (CPC) provides more detailed guidelines.
• 😀 RO is typically used for decisions related to habeas corpus, mandado de segurança, and sometimes in international disputes, involving foreign states or organizations.
• 😀 The procedure for filing RO involves submitting it to the court that issued the decision, with a filing deadline of 15 days.
• 😀 In international cases, RO is filed directly with the STJ, especially when a foreign state or international organization is involved in a lawsuit against a Brazilian municipality.
• 😀 The STJ and STF have broader powers to review facts and evidence in RO compared to Special or Extraordinary appeals, making RO a more comprehensive legal remedy.

Q & A

What is the primary focus of the lecture in the provided script?

The lecture focuses on explaining the 'recurso ordinário' (ordinary appeal), specifically its application within Brazilian law and its connection to the Supreme Federal Court (STF) and Superior Court of Justice (STJ).

Why is the 'recurso ordinário' also referred to as 'recurso ordinário constitucional'?

It is referred to as 'recurso ordinário constitucional' because, in addition to being regulated by the Civil Procedure Code (CPC), it has its original foundation in the Brazilian Constitution, specifically in Articles 102 and 105.

What is the main difference between 'recurso ordinário' and an 'apelação' (appeal)?

The main difference is the court to which the appeal is addressed. While an 'apelação' is typically directed to state courts (TJ) or federal courts (TRF), the 'recurso ordinário' is directed to the STJ or STF.

In which situations does the 'recurso ordinário' typically apply?

The 'recurso ordinário' typically applies in cases involving decisions made in mandados de segurança, habeas corpus, and sometimes in international legal disputes involving foreign states or international organizations.

What is the procedure for filing a 'recurso ordinário'?

The procedure involves filing the appeal within 15 days with the relevant court (usually the STJ), after which the case is sent to the higher court (STF or STJ) for judgment.

When is the 'recurso ordinário' filed with the STF, and when is it filed with the STJ?

The 'recurso ordinário' is filed with the STF in very specific cases, such as decisions made in mandados de segurança or habeas corpus that originated within the jurisdiction of the STF. It is more commonly filed with the STJ in cases involving decisions made by lower courts such as the TJ or TRF.

What does the lecture suggest about the likelihood of the 'recurso ordinário' being tested in exams?

The lecture suggests that, for exams, it is more likely that questions about the 'recurso ordinário' will focus on its application to the STJ, as this court deals with the majority of relevant cases.

How does the 'recurso ordinário' differ from the 'recurso especial' and 'recurso extraordinário'?

The 'recurso ordinário' allows for a broader review of facts and evidence, similar to how lower courts review cases. In contrast, the 'recurso especial' and 'recurso extraordinário' are more focused on legal questions, particularly constitutional violations, without revisiting factual matters.

Can a decision made in an international legal case be challenged through a 'recurso ordinário'?

Yes, decisions made in international legal cases, such as disputes involving foreign states or international organizations, can be challenged through a 'recurso ordinário,' with the appeal going directly to the STJ.

What role do facts and evidence play in the judgment of the 'recurso ordinário'?

In the judgment of the 'recurso ordinário,' the courts (STJ or STF) can examine facts and evidence, unlike in the 'recurso especial' and 'extraordinário,' where the focus is primarily on legal arguments, not factual analysis.