- Início
- Livros E Revistas
- Recursos no Novo Código de Processo Civil
- Recursos Em Espécies no Novo Código de Processo Civil
Recurso ordinário
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 | 56-56 |
Page 56
O recurso ordinário é remédio processual cabível contra acórdão proferido em processo de competência originária dos tribunais.
O recurso ordinário, para a doutrina ROC - Recurso Ordinário Constitucional -, possui arrimo na Constituição Federal, arts. 102, II, e 105, II. Já o novo Código de Processo Civil destaca, em seu art. 1.027, que serão julgados em recurso ordinário:
I - pelo Supremo Tribunal Federal, os mandados de segurança, os habeas data e os mandados de injunção decididos em única instância pelos tribunais superiores, quando denegatória a decisão;
II - pelo Superior Tribunal de Justiça:
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os mandados de segurança decididos em única instância pelos tribunais regionais federais ou pelos tribunais de justiça dos Estados e do Distrito Federal e Territórios, quando denegatória a decisão;
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os processos em que forem partes, de um lado, Estado estrangeiro ou organismo internacional e, de outro, Município ou pessoa residente ou domiciliada no País.
A interposição do recurso ordinário acontece perante o tribunal de origem (Tribunal de Justiça ou Tribunal Regional Federal), cabendo ao seu presidente ou vice-presidente determinar a intimação do recorrido para, em quinze dias, apresentar as contrarrazões.
Semelhante ao ocorrido com a apelação, o recurso ordinário será remetido ao...
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