O recurso de agravo no ordenamento jurídico brasileiro : da origem ao código de processo civil de 1939

Abstract

This study aims to analyze the trajectory of a specific legal instrument, the interlocutory appeal. The survival of such a long-standing legal instrument in Portuguese-Brazilian culture qualifies as the problem. It´s been sought to be presented different settings of the appeal throughout the centuries. It begins with the understanding of the Law as a historical-social fact that has become a field within itself. Considering the social and political contexts, it´s been observed, theoretically speaking in this study, the Law as an autonomous field. The investigation, therefore, was directed to the classic sources of the Law, such as laws, legal practices and the doctrine. The methodology adopted consisted on reading documents and contextualizing the legal vocabulary via the literature about the subject. Historiography was also sought in order to understand the language expressed in legal diplomas. It´s been concluded that the apparent continuities on the perpetuation of the appeal over the centuries did not imply in the absence of transformations. It´s been observed that the political changes, such as the monarchical centralization or the decentralization of federalism, or even the legal innovations, became the new Legal theory of the 20th century, deeply impacting on the appeal as a legal instrument. Finally, it has been noted the singularity on the development of this legal instrument, leading up to the conclusion that, despite belonging to the same context of other phenomena, the appeal has its own history and temporality