THE INTERNAL INTERLOCUTORY APPEAL IN THE BRAZILIAN CIVIL PROCEDURE CODE OF 2015 AND ITS RELATION WITH TECHNIQUES OF THE DISTINGUISHING AND OVERRULING

THE INTERNAL INTERLOCUTORY APPEAL IN THE BRAZILIAN CIVIL PROCEDURE CODE OF 2015 AND ITS RELATION WITH TECHNIQUES OF THE DISTINGUISHING AND OVERRULING

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This article intends to discuss the relevance that the Internal Interlocutory Appeal acquired in the New CPC, in the hypothesis of interposition against a monocratic (one-person) decision that appreciates the merits of the Appeal (article 932, IV hp 15-ef1005ds and V), giving or denying it, on the basis of the existence of a legally binding precedent (Article 927) on the subject-matter of the appeal or the appealed decision.The question that arises is that the resource cannot be understood only as a means of technician that the parts manifests its nonconformity with a decision, but rather as constitutional right, resulting from the contradictory and ample defense, creator of a procedural space discursive and feasible of normative correctness and legitimacy of the judicial decisions.From this, it aims to draw attention to the relations Internal Interlocutory Appeal sterilite 70 quart with the techniques of distinguishing and overruling, which are essential for the appellant to succeed in his appeal.