Necessidade de se estabelecer parâmetros racionais de aferição do real conteúdo das hipóteses que ensejam o julgamento monocrático do art. 557 do CPC à luz do princípio da colegialidade

Abstract

The outstanding expansion of the powers of the rapporteur, especially about the possibility of examining the pretense meritorious appeal, reveals itself as a significant initiative in the legislature honor the principles of diligence and procedural economy, coupled with the trend of applying institutes originally designed by common law. However, this work proposes an immersion in the fundamentals inherent in the principle of collegiality, highlighting their legal nature of constitutional rule implied, with the aim of demonstrating that the assumptions that lead trial tyrannicalmainly those laid down in article 557 of the Code of Civil Procedure suffer hermeneutics restrictive. This time, it proceeds to overcome the indeterminate legal concepts conveyed by the device, with emphasis on terminology: manifestly unfounded and prevailing jurisprudence. After, we highlight the importance of the control mechanism of monocratic, through the grievance procedure, which should be assimilated as a true appellate mechanism holder of all procedural safeguards inherent to it, paying attention to the new civil procedure approaching.