Celiakia Gorzów

[firoj2626]

Justice the applicable appeal against a decision that approves the calculations presented and determines the issuance of an RPV or court order, declaring the execution extinct, is an appeal" (AgInt no REsp. Herman Benjamin, 2nd Panel, DJe 5/18/2020) We must therefore make the following distinction: if the decision partially accepts the challenge to compliance with the sentence, without extinguishing the execution, an appeal may be filed. If, in addition to partially accepting the challenge to compliance with the sentence, the execution is terminated by ordering the issuance of a court order, an appeal may be filed.

In this sense, AgInt decided in AREsp, judging the issue recently, decided that, 'in the system governed by the NCPC, the appropriate appeal against the decision that accepts a challenge to compliance with a sentence and extinguishes the execution is the Appeal. Decisions that partially accept the challenge or the dismissing it, as it does not result in the extinction of the executive phase Belgium Phone Number Data in progress, has the legal nature of an interlocutory decision, with the interlocutory appeal being the appropriate resource to face it" (REsp appeal is not the partial acceptance of the objection, but the non-extinction of the executive phase. In other words, even if the objection is partially accepted, but execution is terminated, the appropriate remedy is an appeal.



In this sense, the STJ jurisprudence: "According to the understanding of this Court, the decision that resolves the challenge without putting an end to the execution challenges the interlocutory appeal, as provided for in the sole paragraph of article 1,015 of the CPC, characterizing the filing of an appeal as a gross error (only applicable when extinction occurs of the execution or fulfillment of a sentence, in a terminative decision). Precedents." (AgInt The appealed ruling is in harmony with the jurisprudential guidance of this Superior Court, firm in the sense that the decision that resolves the Challenge to Compliance with the Sentence and extinguishes the execution must be attacked by means of of Appeal, while the one that judges the same incident, but without extinguishing the executive phase, through an Interlocutory Appeal.
_________________
Belgium Phone Number Data

[Reklama]