Trabalho de Conclusão de Curso de Graduação
Contrastes entre o direito fundamental à prova e a taxatividade das hipóteses de cabimento do agravo de instrumento no Código de Processo Civil de 2015
Fecha
2017-12-11Autor
Camponogara, Érica da Luz
Institución
Resumen
The purpose of this study was to analyze the production of evidence in civil procedure as a fundamental right guaranteed by the Federal Constitution and corroborated by the principles of procedural law listed both by the Constitution and by the Code of Civil Procedure of 2015. From this perspective, it was intended to investigate the legislative changes in the scope of the interlocutory appeal, in order to verify its appropriateness as a mean of challenging the interlocutory decisions that reject the request for the production of evidence. Considering the qualitative nature of this research, the dialectical method was used as a methodology of procedure and the monographic- dogmatic method was used as a methodological approach, focusing on survey research through bibliographical and documentary sources. Thus, it was found that the article 1.015 of the Code of Civil Procedure of 2015 establishes a limiting list of decisions that may be immediately appealed by interlocutory appeal, while those not expressly foreseen for will be contested only after the sentence, in the preliminary of appeal. However, this study defended the possibility and the need for an extensive interpretation of the said legal device, considering that the impossibility of immediate appeal of a decision that rejects the production of evidence may result in damages that are irreparable or very difficult to repair. It was concluded, therefore, that it is not reasonable to defend the absolute taxativity of the acceptance hypothesis of the interlocutory appeal as a means of procedural speed, under penalty of suppression of the fundamental right to proof and other fundamental procedural rights that guide the democratic, fair and effective process.