The special complaint is a type of complaint provided for by the Federal Constitution of 1988 and regulated by the Code of Civil Procedure of 2015 (Novo CPC). It aims to analyse whether judicial decisions taken during the process are in accordance with applicable law and case law. It is therefore clear that the purpose of the specific appeal is not to examine the specific case of the case in question, but to examine whether the judicial decisions applied to it were correctly in conformity with the legislation in force in the country. The special appeal, along with the extraordinary appeal (which we will discuss later in this article), is part of the kind of extraordinary resources that are different from regular resources (such as vocation, violation of instruments, internal harm, among others). The third paragraph of the same article also contains an amendment. Depending on the wording of the legislation, a new amendment in Article 3 of that provision provides that the courts may disregard the formal bias of the remedies in good time or, where appropriate, establish that they have been corrected. This allowed the tribunal to disregard the inadequacy of the extraordinary appeal on issues relating to the special appeal and to refer the matter back to the STJ for review of the violation of federal law. This mechanism therefore becomes fundamental to maintaining due process and to ensuring that federal or regional courts do not arbitrarily decide how to interpret laws. In addition to the Federal Constitution, the Code of Civil Procedure also regulates the claim of the special remedy, in art. 1.029: By refusing to maintain the above-mentioned reporting embargoes, the court violated the above-mentioned articles because it did not comment on the arguments put forward in the embargoor`s appeal and did not appreciate them, which could in fact affect the judge`s conclusion.
III – to the President or Vice-President of the District Court, if the appeal has been annulled under Article 1.037; Costs determined by the Supreme Court and, where appropriate, those claimed by the court seised of the appeal shall also be borne by the court. After the appeal, the President or Vice-President of the Court of Appeal may, in accordance with Article 1030 of the Code of Civil Procedure: the Federal Constitution establishes the hypotheses of the special complaint. According to art. 105, III, such a remedy is appropriate in cases of a final decision that: The special complaint is in the Federal Constitution, in art. 103, III, which describes the jurisdiction of the Supreme Court: From the wording of the article we extract some requirements that determine the appeal: in this text you give the definition of the subject, its requirements and the changes made by the CPC Novo in 2015. In addition, I explain the right way it can be used to facilitate the application of this important procedural resource in the lives of lawyers. However, the 1988 Federal Constitution refers, in Article 105(III)(a), (b) and (c), to three situations in which it is possible to use a special resource. In order to appeal to the Supreme Court, it is therefore necessary for the case to relate to one of the following three points: in cases where the appellate court upholds the appeal and refuses to pursue it, the applicant may comply with the provisions of art. 1,042 of the Novo CPC to resort to the tightening of the special appeal in order to reanalyze and approve the procedure.
That first requirement may be understood as a question referred for a preliminary ruling: the judgment under appeal must necessarily have ruled on the question examined in the context of the special appeal. III – to the President or Vice-President of the contested court within the period between the appeal and the publication of the decision to bring the appeal and where the appeal has been annulled pursuant to Article 1 037. After the appeal, it will be up to the judge to judge the admissibility judgment, capable of: in this article, you will understand what the special appeal is, what its purpose is, what the new CPC presents on this subject and how the special appeal differs from the extraordinary appeal.
