Principais considerações sobre recurso e agravo de instrumento e retido com as modificações da nova Lei N. 11.187/2005.

Abstract

This paper presents some considerations about Appeals in Process Reform. The new law simplifies the appeal and follows the trend to reduce the number of appeals that prevent the immediate execution of the sentence. With the reform, the systematic use of the writ of mandamus to give suspensive effect to the interlocutory appeal is eliminated. The more agile justice, establishing new devices both for the aggravation of interlocutory decisions and for that of decisions after the sentence. Always aiming at the speed of the process, innovations occur in the interposition of specific assumptions and in the subpoena of the aggravated. The rapporteur is authorized to request information from the judge and, if applicable, the hearing of the Public Ministry. The moment for the retraction judgment is extended and the inverted appeal is extinguished, which in any case does not prevent inquiries regarding these same changes. Such questions were modestly answered and we hope that with time and the use of these new changes that have occurred in the grievance resource, society may even feel that justice is swift and, as time is no longer its enemy.