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Impugnação de decisões intercalares: comparações no tempo e no espaço (Master’s Dissertation on Civil Procedural Law)

• Fabio
  Polli Rodrigues Socie...

Brazilian Civil Procedural Law has been subject to several statutory reforms based on legal theories in order to reduce judicial proceedings length of time. These reforms had produced contradictions and inconsistencies in the Civil Procedure Code introduced in 1973, creating new problems and increasing litigation on procedural matters. A new code is being drafted reorganizing the civil procedure system, redesigning appellate review on interlocutory orders and adopting some practices from common law. Comparative law analysis involving procedures adopted by U.S. Federal Courts and New York State Courts suggest that some of the proposed modifications on appellate review may be not effective to reduce procedural length. Moreover, empirical analysis of decisions from São Paulo Court of Appeals demonstrates a reversal or modification rate of 44,33% on appealed interlocutory orders, which suggest the second instance supervisory role over these orders is still important. The empirical data also shows a rate of only 22,27% of stay of proceedings while interlocutory appeals are being decided, suggesting it is not a major cause for procedural delay. In fact, comparative and empirical analysis indicates that some statutory innovations to be introduced by the new Civil Procedure Code can cause more delay than caused by the current system.

Polli Rodrigues, F. 2011, Impugnação de decisões intercalares: comparações no tempo e no espaço (Master’s Dissertation on Civil Procedural Law), São Paulo.

Tags: Civil Procedural Law, Appellate Review, Appeals, Direct Appellate Review, Collateral Appellate Review, Interlocutory Orders, Judicial Efficiency.,