A decisão parcial de mérito e seus efeitos práticos e processuais a partir do Código de Processo Civil de 2015

Abstract

The present paper intends to study the main angles concerning the delivering of a judicial decision that settles before the final judgment, a portion of the conflict brought to the judiciary that has shown a clear maturity. This study is going to show that this possibility isn ́t an innovation from the current Brazilian Civil Procedure Code. Since that in the past system, it was already possible to settle different parts of the lawsuit strife, at several moments of the suit, though such thing couldn ́t be found explicitly in the letter of the law. Regarding this point, the research shall clarify the reasons that led to the correct decision to include this institute in the current Civil Procedure system, in an explicitly way. In addition, the analysis does include all the consequences of the partial ruling of the lawsuit, such as the effectiveness and stability of that interlocutory decision, the very nature of these type of jurisdictional act, the judge ́s discretion, the appealing possibilities, and the path for the “res judicata” of the conflict part that is settled before the final judgment, and the expiring deadline for a rescission suit of the partially adjudged strife. Also, the winning side attorney fees and the enforcement (definitive or interim) of the judgment provisions. Without however, leaving behind the solutions and problems of this matter, since that the current procedure law gives such different treatments to final and interlocutory decisions