Interlocutory decision on the merits in light of the New CPC - Almeida, Enelise Barreto de
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The aim of this paper is to analyze, in the light of the New Code of Civil Procedure, the issuing of interlocutory decisions on the merits within the same case, in order to resolve the subject of the dispute in stages. The aim is to demonstrate the relationship between interlocutory decisions on the merits and the realization of the principles of reasonable procedural duration, efficiency and effectiveness, in addition to discussing the constant need to seek procedural effectiveness. The requirements set out in article 356 of the new law, which make it possible to split the judgment…mehr

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Produktbeschreibung
The aim of this paper is to analyze, in the light of the New Code of Civil Procedure, the issuing of interlocutory decisions on the merits within the same case, in order to resolve the subject of the dispute in stages. The aim is to demonstrate the relationship between interlocutory decisions on the merits and the realization of the principles of reasonable procedural duration, efficiency and effectiveness, in addition to discussing the constant need to seek procedural effectiveness. The requirements set out in article 356 of the new law, which make it possible to split the judgment definitively, are examined, as is the issue of the necessary remittance of the interlocutory decision on the merits when it is unfavorable to the Public Treasury. In addition, reflections are made on the use of the interlocutory merits decision technique. Finally, it is analyzed whether the Brazilian system is prepared for the new system involving interlocutory decisions on the merits, whether it is possible to gradually form res judicata within the same process and the execution or liquidation of the obligation recognized in the decision that partially judges the merits.
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Autorenporträt
Enelise Barreto de Almeida. Postgraduate in Public Prosecutor's Office - Democratic Rule of Law from the School Foundation of the Public Prosecutor's Office of the State of Paraná. Postgraduate in Civil Procedural Law from the Brazilian Academy of Constitutional Law. Law degree from the Pontifical Catholic University of Paraná. Lawyer in Curitiba.