Efeito obstativo
Autor | Lucas Naif Caluri |
Ocupação do Autor | Professor do Curso de Direito do Centro Universitário Salesiano de São Paulo - UNISAL - unidade Campinas - professor da FACAMP - Faculdades de Campinas |
Páginas | 120-120 |
Page 120
O primeiro efeito que a interposição de um recurso provoca é o de obstar a preclusão, ou seja, a coisa julgada formal. Tratando-se de sentença que aprecia o mérito em primeiro grau de jurisdição, ou, ainda, nos próprios segmentos recursais, obsta a formação da coisa julgada material.
À primeira vista, esse feito parece desnecessário de ser expressamente apontado, porém ele reveste-se de importância pela concepção do que é recurso para o Direito Positivo brasileiro.
O caráter recursal está intimamente relacionado com o inconformismo manifestado numa relação processual. Não é suficiente que se esteja à frente de uma decisão jurisdicional que provoque gravame a alguém. Para que o inconformismo assuma foros recursais, evidentemente ao...
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