Uma crítica à atribuição ope legis de efeito suspensivo ao Recurso de apelação Cível no CPC/2015

• Main Author: Schoppan, Larissa
• Publication Date: 2025
• Format: Master thesis
• Language: por
• Source: Repositório Institucional da PUC_SP
• Download full: https://repositorio.pucsp.br/jspui/handle/handle/45399
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Recurso de apelação; Efeito suspensivo; Celeridade processual; Segurança jurídica; Código de Processo Civil; Civil appeal; Suspensive effect; Procedural speed; Legal certainty; Code of Civil Procedure

The present study investigates the automatic suspensive effect attributed to the civil appeal in the Brazilian legal system, questioning its alignment with the principles of procedural celerity and effectiveness. The central issue lies in the compatibility of the ope legis attribution of this effect with the system established by the 2015 Code of Civil Procedure, which aimed to improve judicial performance by promoting mechanisms to ensure greater efficiency and effectiveness in judicial decisions. Maintaining the general rule of attributing the suspensive effect to appeals may prolong procedural progress and delay the enforcement of rights recognized in the judgment. The main objective of the research is to examine whether this normative framework remains justified in the current context of procedural law. To this end, it analyzes the historical development of the suspensive effect in Brazil and other legal systems, particulary Italian, Spanish, Portuguese and German law. The methodological approach adopted is analytical-deductive, based on a bibliographic review. The study reveals that maintaining the suspensive effect as a general rule significantly increases the time required for the realization of substantive rights. It also explores the differentiated treatment given to evidentiary relief, which, despite being granted with a lower degree of cognition, produces immediate effects – unlike first-instance decisions subject to the ope legs suspensive effect. The results indicate that the current system postpones sentence enforcement without a corresponding gain in legal certainty, contributing instead to procedural delays and public distrust in the judicial effectiveness. It is observed that there are mechanisms within provisional enforcement that already provide protection against potential modifications of the decision, such as the executor’s strict liability and the requirement of security. It concludes that the suspensive effect of the appeal as a general rule requires legislative reassessment to ensure a better balance between legal certainty and the reasonable duration of proceedings. The research highlights the need for normative reform to limit the indiscriminate application of the suspensive effect, prioritizing the effectiveness of judicial protection and aligning the Brazilian appellate system with the fundamental principles of contemporary procedural law