Técnica de Ampliação da Colegialidade (art. 942, CPC/15): avanços e retrocessos

Abstract

This study’s object of study is the technique of expanding collegiality inserted in the Code of Civil Procedure by Law 13.105 of 2015, replacing the extinct appeal of infringing embargoes. The objective was to verify the advances and setbacks resulting from the creation of the aforementioned judgment technique. The methodology was bibliographic research, through which it was possible to identify the main doctrinal positions favorable and unfavorable to the institution of the technique of expanding collegiality, a review of scientific articles, as well as the analysis of the most recent understandings of the Superior Court of Justice in its respect, in which it was verified how that Court has decided on the scope and application of the judgment technique. It was also analyzed the results of empirical researches that deal with an application of the treated technique, of which the consequences resulting from its application were verified, relating them to the principles of reasonable process duration and efficiency. It was concluded that the technique of expanding collegiality brought to the Brazilian civil procedural system, mainly for providing greater speed in relation to the infringing embargoes.