A hipótese dos recursos adesivos cruzados aos tribunais superiores e a questão da recorribilidade

Abstract

The intention with this study is to analyze the hypothesis mainly discussed in the Academy regarding the possibility of presenting “crossed” adhesive appeals to the Superior Courts. The crossed adhesive appeal to the Superior Courts consists in the appeal presented by the winner part after a second instance decision in which the Appellate Court, however, denied one of the arguments addressed by this Party during the lawsuit. This discussion is relevant once it brings a complex situation not predicted by the procedural law and that, depending on the case law about the subject, might have an impact on the access to Justice and the coherence of the entire appealing system. Considering that, this study will develop not only the specificities of the crossed adhesive appeal hypothesis, but will bring analyses about General Theory of Appeals, as well as analysis on the application of this doctrine by the Brazilian judicial system in order to verify the current status of the practical discussion in the Courts and the measures to be taken to rectify the system