CARNEIRO, J. M. S.; http://lattes.cnpq.br/0275665854531890; CARNEIRO, Joselma Mendes de Sousa.
Résumé:
This monographic work has the primary purpose of raising the problem of affront to
the principles of equality and procedural review needed quickly by the Institute that
has also undergone some changes through law No. 10,352/2001, however did not
provide the expected solution for many problems caused by their stay in the code of
Civil procedure. The methodological process consisted in a bibliographic review on
the subject, object of study, a critical analytical treatment of material researched. For
both data were collected through Dooks and articles arranged in legal sites and
magazines to facilitate understanding of the theme. Sought a historical recap of the
Institute, identifying its conceptualization and the various theories exist regarding
their legal nature. Soon after, it was examined whether its object, its chances of falls,
as well as exceptions to the requirement of the Office, showing how is your shipment
and call-back. Finally, broached the interrelationship between the Institute and the
principles of promptness and procedural equality in order to inform the reader the
affront brought by review necessary. Finally, an overall analysis about the term
principle, its correlation with the Constitution, its definition and finally to investigate
the circumstances in which the principles were hurt by featured are existence of
review necessary. Considered that the revision of the judgment, necessary
implication of the consignment, influences on procedural delay when abarrota of the
Judiciary and processes brings prejudice aside when and did not resort, being forced
to accept the review.
