Efeito regressivo
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 | 123-124 |
Page 123
No antigo Código de 1973, o agravo, na forma retida (recurso extinto pelo novo CPC), foi considerado como exemplo tradicional. Ocorrendo a interposição do tal recurso, era facultado ao juízo prolator da decisão que dela se retrate, quando, então, deverá ser instaurado, previamente, o contraditório, consoante determinado, expressamente, no antigo art. 523, § 2º, do Código de Processo Civil.
No art. 331 do novo Código de Processo Civil está disposto que indeferida a petição inicial, o autor poderá apelar, facultado ao juiz, no prazo de cinco dias, reformar sua decisão. Nessa providência, estabelece-se mais um exemplo do efeito regressivo.
Page 124
Caso o juiz não se retrate, mantendo a sentença, os autos serão enviados imediatamente ao tribunal ad quem para o julgamento da apelação. Não é mais necessária a citação do réu para contra-arrazoar o recurso.168
[168] NERY, Nelson Junior. Código de processo civil comentado e legislação extravagante. 7. ed. São Paulo: Revista dos Tribunais, 2005. p. 682.
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