A tese da taxatividade mitigada e a decisão de indeferimento de provas

Abstract

This article aims to analyze the appropriateness of the interlocutory appeal against an instrument in the light of the thesis of mitigated taxativity in relation to interlocutory decisions that deny evidential production within the scope of the Court of Justice of Minas Gerais. With the legislative choice of CPC/2015, the debate resumed about the appropriateness of the appeal, which foresees the hypotheses of interlocutory decision, aggravated immediately. The Superior Court of Justice in REsp 1.696.396 established the thesis of mitigated taxativity, expanding the hypotheses for filing the interlocutory appeal outlined by the legislator in art. 1.015 of CPC/2015, disregarding the fact that it is a taxable role in view of a list open to all hypotheses of interlocutory decisions liable to be challenged immediately from the verification of the urgency criterion due to the uselessness of the interlocutory judgment in preliminary appeal or against the reason. However, it is necessary to critically analyze whether the thesis established by the Superior Court of Justice pacified the debate about the appeal. For this, the methodology adopted is based on quantitative research, with a comprehensive and critical character, from legal, doctrinal and jurisprudential sources of data obtained from the judgments of the Court of Justice of Minas Gerais. Finally, the research concludes by the intrinsically problematic character of the STJ’s decision, considering that it has intensified the legal uncertainty regarding the appeal of the interlocutory appeal against the interlocutory decisions that deny the production of evidence.