Agravo de instrumento e o seu cabimento: taxatividade mitigada do art. 1.015 do Código de Processo Civil de 2015 e a sua aplicação no Tribunal de Justiça de Minas Gerais

Abstract

This article deals with the mitigated taxativeness of the possibilities of interposing the interlocutory appeal in the Civil Procedure Code of 2015. It analyzes the history of this appeal in the Brazilian legal system, through bibliographic review, as well as the construction made by the Superior Court of Justice to form the Theme 988. It evaluates, in a comparative way, judgments of the Supreme Court of the State of Minas Gerais with the application of the thesis in the appeals brought from the interlocutory decisions published after the judgment. The work aimed to problematize the arguments used in the judgment of Theme 988 and to verify examples of application within Minas Gerais’ court, since the requirements are not objective, but determinable. The criteria are: the urgency and the uselessness of the judgment on appeal. It concludes that there are applications that do not fit very well with the criteria imposed by the Superior Court of Justice and, in fact, there are some examples of divergent decisions about the same type of interlocutory decision.