A conversão do agravo de instrumento em retido na nova ordem processual brasileira

Abstract

It has been worked on the remodeling made to the Civil Procedure Code/73, especifically concerning appeal, as for the goals intended for access to justice considering time as a guiding factor to reach the lawsuit with justice aspects. The fact that the aims have not been reached was questioned, and it was demonstrated that the remodeling, which started in 1995, did not reach the purpose of diminishing the appeal articles. It would, apparently, have come against the effective procedure rules, concerning access to justice in celerity aspects. The new Law 11.187/05 has been examined, the one which inserted and revocated rules about appeal on the civil procedural law system, intending to improve the systematics of this appeal. However, such approach has been done in addition to evolution aspects of the civil lawsuit, as well as the ones related to the access to justice, questioning the legislation of the appeal and its changes, in order to clarify that this appeal does not deserve to be characterized as an obstacle to the effective jurisdiction, in any of its rules, despite the constant numerical verifications by data collection on the Courts of Justice in the states of Espírito Santo, São Paulo and Rio de Janeiro.