Ampliação dos poderes do relator, agravo interno e perspectivas do novo código de processo civil: uma análise do art. 557 do CPC e suas formas de aplicação

Abstract

This study proposes an analysis of the article number 557 of the Brazilian Code of Civil Procedural Law, dealing with the hypothesis of monocratic verdict by the reporting judge as an exception to the principle of collegiality, implicitly established in our Constitution and, based on the historical evolution of the mentioned item, has as its finality the search of its genuine source, as well as to demonstrate which are the intentions of the legislator when inserting such rule into the procedural system. A debate of the hypotheses of application of the monocratic judgment by the reporting judge is carried out aiming at establishing parameters that allow its proper usage in court, alongside with the study of the use of precedents at the present phase in which procedural law finds itself in this country. In addition, the work proposes analyzing the means of refuting such decisions uttered by the reporting judge and the problems that the current wording of the article causes. At last, analyses the standpoint, which is assumed by the project of the new Brazilian Code of Civil Procedural Law about the rule under debate.