A supressão de instância como afronta ao princípio do duplo grau de jurisdição.

Abstract

The study that it is done concerning the instance suppression foreseen in the article 515, paragraph 3rd of the Code of Brazilian Civil Process and his/her confrontation with the beginning of the double jurisdiction degree can be had as relevant in the measure in that it contributes to the improvement of the discussions juridical pieces on the theme. Breaking of the hypothesis that the resources should not be seen as the only responsible factors by the slowness of the Justice and that that slowness has as main cause the lack of structure of the Judiciary Power, the central objective of that research consubstancia-if in the exam of the application of the device above mentioned, to know his/her use it really hurts the beginning of the double jurisdiction degree. The acceptance of this beginning as constitutional warranty, the advantages and disadvantages of the double jurisdiction degree and the existent procedural antinomy between the institute of the necessary reexamination and the instance suppression are approached equally, besides the verification of the insert of the double jurisdiction degree in the clause of the due legal process. For the reach of the proposed objectives it was used, mainly, the bibliographical method and the exegetico-juridical being proceeded to a critical analysis of the researched material. The work is structured in three chapters, which treat, respectively, of the beginnings in general and of the beginning of the double jurisdiction degree; of the institute of the reexamination necessary face a instance suppression foreseen in law; of the procedural velocity in counterpoint to the slowness of the Justice and on as the instance suppression it hurts the beginning of the double jurisdiction degree. Of the research it results the detection of the slowness presence already in the Justice of first jurisdiction degree and, still, the confirmation that the application of the dispositive novel confronts the beginning of the double jurisdiction degree and the Federal Constitution of 1988 directly. To the conclusion mode, alternatives are presented to solve the problem of the slowness of the Justice: opening of new contests for the entrance of magistrates and servants; he/she reforms at the places where the organs of the Judiciary Power work; implantation of advanced technology in the computer science section; judges' permanent training and servants; restructuring of Public Defensorias and of the Public prosecution service; as well as the establishment of monthly goals forjudges and servants.