Da natureza do rol do artigo 1.015 do código de processo civil de 2015 e da recorribilidade da decisão que declina da competência

Abstract

The advent of the Code of Civil Procedure of 2015 placed a new reality for the jurisdiction of the system of recourse to interlocutory decisions, promoting a substantial modification in relation to the regime that is guarded in the Code of Civil Procedure of 1973. Under the old regime, all interlocutory decisions could be challenged by means of an appeal for damages, if it were withheld or by instrument (if the decision could cause the litigant serious injury and difficult to repair). However, the validity of the new regime has promoted, in addition to the extinction of the retained offense, the reduction of the hypotheses of compliance of the appeal of an instrument only to situations expressly described in the law, impacting changes also to the regime of estoppel. The present study is intended to bring a systematic and finalist interpretation of the norms that came to govern the grievance of an instrument, starting from a historical context that analyzes this resource from its origin until the present days, to then face the pertinent question to the appeal of the decision declining jurisdiction, which is not listed as liable to challenge because of an instrument, culminating, finally, in the legal argument signed by the Superior Court of Justice in the case of a repetitive appeal on the matter