The electoral process is traditionally considered as an example to be followed, due to its high effectiveness when confronted with other forms of jurisdictional actions. This happens because, in fact, it is fast and responds promptly to the claims for protection meant for it. To a large extent, this is because there is a timetable [...]
Sorry, this entry is only available in Brazilian Portuguese.
Sorry, this entry is only available in Brazilian Portuguese.
Sorry, this entry is only available in Brazilian Portuguese.
Still on the hypotheses when filing an interlocutory appeal is admissible In the previous article, starting from the premise that the rule of art. 1.015 is a restrictive rule of rights (because it controls the appeals), we suggested an interpretation whose result would not be any restraining interlocutory appeal. To that end, we proposed the [...]
Carta Forense Concerning the temporary reliefs that had been previously analyzed, the 2015 CPC has set forth the rule which establishes that the jurisdiction should be the one in force for the "main pleading" (article 299, last part), which are the words used in the place of "main action" formerly found in article 800 of [...]
Carta Forense In search of a regime that can possibly be as uniform as the temporary reliefs , the 2015 CPC set forth a rule for jurisdiction which is similar to the one established in article 800 of the 1973 CPC, but with differences and, eventually, some remarkable developments. Firstly, the head of article 299 [...]
Carta Forense After having approached the subject of the interlocutory relief (based on urgency), but filed on a preceding basis (articles 303/304), the next step is to analyze the topic related to the temporary provisional injunction, pleaded on that same basis (article 305 and following articles). Granting a provisional injunction as a measure filed on [...]
Carta Forense In the previous paper, the focus was on the interlocutory relief based on urgency and filed on a preceding basis, which is set forth in article 303 of the new law. However, the analysis of this issue must be finalized because, according to the rule set forth in the head of article 304, the [...]
Sorry, this entry is only available in Brazilian Portuguese.
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