Efeitos imediatos da sentença e as conseqüências práticas irreversíveis

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The work aims to deffend the need and importance of using the process technique that excludes the suspending effect of the appeal, as a rule, so that the effects of the sentence are produced immediately. The already mentioned process technique intends to make the process more effective, so it can reach its purpose. The mechanism will make the process faster and will obey the principle of equal distribution of the burden of time between the litigating parts, as it will allow the winner in first degree to receine soon, the right that has been given him by this sentence. There is already a proposition of changing the Brazilian appealing system with the purpose of eliminating the rule of the appeal suspensive effect. The bill is to be voted in the National Congress. The work demonstrates the convenience, opportunity and revelance of adopting the new process technique and mentions the project that admits it. The comparative law, besides being used to demonstrate that the process technique has already been adopted in foreign countries, is also used to help the exposition in certain controverted subjects. The appealing system that is deffended can, however, have irreversible consequences to the part against who the temporary execution has been demanded. The loss it may cause is analyzed, confronting them to those that, on the other hand, the other part will have if there is no temporary execution. The rights of each part are analyzed, according to the present law and to the foreseen changes in the previously mentioned bill. In order to define wich right will prevail when the execution or non execution of the sentence may bring irreversibility, the principle of proportionality foreseen in the Republic Constitution with consequences on the Brazilian Process Code is used. The division of the elements of the mentioned principles help to conclude about the viability of using it and about agreeing or not with the principle of effectiveness of the process, sacrificing the legal safety

ASSUNTO(S)

principle of proportionality conseqüências irreversíveis apelação efeito suspensivo princípio da proporcionalidade sentencas (direito processual) apelacao (direito) suspensive effect consequences irreversibility direito appeal proporcionalidade (direito)

ACESSO AO ARTIGO

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