The principle of primacy of resolution of appeals in the jurisprudence of THE Superior Court of Justice (STJ)

Abstract

The present article aims at studying the application of the single paragraph from the article 932, which disposes/establishes that the reporter must grant deadline of 05 days for the part to solve the flaws or to complement with the required documents, before considering the source inadmissible. It is extremely important to point out that the people seek the judiciary power, so that it solves the litigations, through a satisfactory sentence, prioritizing the appeal resolution, which did not occur during the 1973 CPC, because the defensive jurisprudence prevailed in the Superior Courts. Besides, it is important to highlight that it is assured to the parts the double degree of jurisdiction. Thus, the 2015 CPC brought the single paragraph from the article 932 to enable the parts to solve any existing flaws, preserving the guarantee of knowing the resource. The objective of the present study is to analyze if the Superior Court of Justice is applying the single paragraph from the article 932, from CPC/2015 and what are the considered soluble flaws. The deductive approach method was used for this analysis, with the bibliographic research based on doctrines, jurisprudences, laws, resolutions and scientific articles, published by Law experts. It was possible to conclude that SCJ is using the aforementioned legal instrumentin some formal flaws cases, however, in some situations, it still tries to impose obstacle not to admit the resources.