What is an appeal in the New CPC? Articles 1009 to 1014

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The appeal, within the Brazilian legal system, is the applicable remedy, as a rule, against sentences handed down by the court of a case. It is through this that the party will attack, challenge and disagree with the judge's decision during the dispute. This is one of the nine types of appeals presented by the Civil Procedure Code the New CPC. Since it applies against sentences, its objective is to challenge the decision that puts an end to the knowledge phase of the process or the sentence that extinguishes it. Within the New CPC, the appeal is governed by articles 1,009 to 1,014 , which defines in which situations the appeal can be used, deadlines, requirements and effects. To understand what an appeal is and what its objective is within the court's sentences, it is important to also understand what a sentence is, within a process, and, especially, what the judge's decisions are that are not sentences.

After all, filing an incorrect appeal in a case may mean that it will not be assessed by the judge. 129 and 130 of Law No.  of February 9, 2005”. This is also the understanding gleaned from the Albania Phone Number doctrine of Luiz Antonio Scavone Junior (2018), who asserts: “(…) the good faith of the acquirer and the soundness of the transfer, modification or extinction of the right over the property are presumed, relatively speaking, if there is no registration or annotation of the encumbrance or constriction, but this does not mean that there was no fraud against creditors or execution fraud. If there is no registration or endorsement of a lien, any fraud will be subject to factual verification, case by case, by demonstrating the acquirer's bad faith, a demonstration that is the responsibility of the creditor or the injured party.



Download a timesheet and control your team's workload As we will see later in the article, there are two main situations where the formation of a joint venture exists: when it is optional and when it is mandatory. Since the mandatory joinder is formed based on the law or the legal relationship within the demand (as seen in the first point of article 113), the other points of article 113 allow the formation of an optional joinder. The first point raised by article 113 of the New CPC is the commonality of rights or obligations relating to the dispute.