Das medidas de repressão ao abuso do direito de recorrer no Código de Processo Civil

Abstract

The present study aims to study the incorporation of the theory of abuse of the right to civil procedure and the measures of restraint to the abusive exercise of the right to appeal foreseen in the Code of Civil Procedure. Being one of the problems that contribute to the slowness of the Judiciary, the abuse of the exercise of the right to appeal is still a subject little discussed by the Brazilian proceduralists, reason why it does not have contours clearly delimited. This makes it impossible for lawyers and magistrates to identify which acts may constitute this kind of abuse. In this regard, the Code of Civil Procedure brought innovative norms, including the general clause of good faith and changes in the penalties imposed on the resource considered manifestly protective. These changes rekindle questions about the effectiveness of these means of combating abuse of the right to appeal, a theme that will be explored in the course of this work.