A remessa necessária e a ofensa ao princípio da isonomia

Abstract

This scientific paper intends to analyze the existence of the institute called necessary remittance, foreseen in art. 496 of the Code of Civil Procedure of 2015, based on the principle of isonomy. Due to the importance given to equality in the 1988's Constitution, it is evident from this study that there are no criteria that could allow differential treatment to the Public Treasury, in order to maintain the procedural balance. The necessary remittance has as its main basis the protection of the Public Treasury and, so, of the public interest. The presence of the institute in the Brazilian legal system is historical, even if changes have been made over time. The institute operates through the remittance and re-examination by the courts, in a second degree, of the causes in which there is the failure of the Federative Entities and of their respective foundations under public law, even though there is no voluntary appeal filed by the parties. However, in the current Democratic State of Law, the Public Treasury is able to efficiently and equitably litigate other litigants. Therefore, it is concluded that it is unacceptable to grant and maintain the procedural privilege of the necessary remittance.