For the teacher, the term “resource” refers to a “repeated course”. Therefore, if there is an appeal, the contested decision may be subject to reanalysis by the Judiciary.
The general provisions on the appeal system are Phone Number List set out in the Civil Procedure Code , starting from art. 994 until art. 1,008 of said legislation.
Finally, it is important to remember that to challenge a court decision, in addition to appeals, the non-resigned party can also opt for autonomous challenge actions or alternative appeals.
What is the concept of resource?
Conceptualizing resources is not an easy task, since there are countless scholars who have studied this topic. However, every resource contains 5 fundamental elements! Shall we meet them?
Voluntariness
Voluntariness means that, within the appeal system, whoever obtains an unfavorable decision can either accept it or challenge it. Therefore, the parties are not obliged to appeal, it is an option.
Expresses provision in federal law
Appeals, in the procedural system, are exhaustive. What does that mean? Simple! To be able to appeal, there must be an express provision for appeal in Federal Law.
Only in Federal Law? Yes! Since, legislating on procedural law is the exclusive competence of the Union (art. 22, I, CRFB/88).
Therefore, in order to appeal, an express provision of the appeal is necessary. In the case of CPC/15, we can find this provision in art. 994 and its sections.
CPC/15 does not exhaust the types of appeals. In this way, it is possible to find other resources in federal legislation, as in the case of the Innominate Appeal in the microsystem of Special Courts (art. 41 of Law 9,099/95).
Development in the process itself in which the decision was made
This element is very important! Remember that the civil procedural system adopted the idea of syncretic process. Therefore, both the cognitive phase and the executive phase constitute the same process.
Along this line of reasoning, think with me:
The Court handed down a sentence, during the course of the process, recognizing the prescription. If the non-resigned party wishes to appeal, it is not a new process, but rather a challenge to the court decision, in the same procedural legal relationship.
In this way, the appeal does not initiate a new process, it develops in the same procedural legal relationship in which the contested decision was made.
Legitimacy to appeal
The appeal legitimacy can be found in art. 996 of CPC/15. Professor Nelson Nery teaches that the law regulates two requirements for the admissibility of resources: interest and legitimacy to appeal (for example, art. 17 of CPC/15).
Are these cumulative requirements? Yes! If one of them is absent, the appeal cannot be heard, and consequently, there will be no examination of the merits.
The wording of article 996 states that: “The appeal may be filed by the losing party, the injured third party and the Public Prosecutor's Office, as a party or as an inspector of the legal system”.
In this way, the author, the defendant, the opponent, the person called to the process and the defendant are entitled to appeal. Such people are considered parties to the procedural legal relationship.
Simple wizard can appeal? Good question! It depends.
This is because, as we know, the simple assistant (as provided for in article 121 of CPC/15), has his activity, during the course of the process, subordinate to that of the assisted person. Therefore, he can only appeal if the person being assisted consents or does not prohibit it.
In the case of the Public Ministry, it has broad legitimacy. What does that mean? If there is interest, the MP may appeal, whether he is a party or an inspector of the law in the civil process.