(IR)recorribilidade das sentenças terminativas no âmbito dos juizados especiais civeis federais em face do princípio do duplo grau de jurisdição.

Abstract

With the prohibition of the exercise of self-protection, the state became responsible for resolving contentious issues arising within communities. No doubt that the national power by the State brought a number of benefits to the parties involved. However, with the passage of time and the increased demands, a true arising crisis arose from the difficulty of providing an appropriate and satisfactory by courts. In response to this crisis, honoring him access to justice, the forecast of creation of Special Courts arises: first, in the State Court, and only then in the sphere of the Federal Court. Characterized by a series of peculiar principles, the establishment of Special Courts represented real revolution in the implementation of access to justice postulate, especially for the lower social classes. In fact, the only analysis of the set of principles ruler of this new legal system, it is possible to see its importance. In the words of the Constitution itself, the procedure of these Courts should be essentially oral and accelerated, in order that it can be assured to all who need an effective and swift justice. Still, certain constitutional guarantees of the process should be preserved and prestigious also in the Special Courts system, specifically in the Civil, the present study object. In this vein is that looms in importance respect to the dual degree in Law constant jurisdiction of the State Courts. In fact, the State Civil Courts, in obedience to express constitutional law, the Act provides for the possibility to appeal against the sentences, traditionally called unnamed feature, which should be enjoyed by a group formed by three appellate judges robins headquarters of the Juvenile Court itself . Interestingly, the Act that established the Small Claims Courts under the Federal Court only provided for the possibility of the final judgments resource, ie, those in which there are meritorious analysis, considering appealed those extinguishing process without resolution of merit. However, this prediction, as put in the literalness of the legal device, can not persist, especially when one has in mind the constitutional principle of double jurisdiction. Also, I would add that there is no absolute principles, so that the best solution only accurate analysis of each case could prove, since, when no knowledge of the resource may involve denial of jurisdiction, the claimants should be the franchisee drive of appellate proceedings also in the Special Courts Federal Civil