Considerações sobre a disciplina do agravo de instrumento no CPC/15 e a decisão do STJ ao julgar o REsp nº 1.679.909/RS

Abstract

The purpose of this paper is to analyze whether the rule set forth in article 1.015, III, of Civil Procedure Code (CPC/15) can be flexibilized by extensive or analogical interpretation, so that not only interlocutory decisions that reject the claim of arbitration agreement, but also those that are on competence can be challenged by an interlocutory appeal, as the Superior Court of Justice (STJ) decided in REsp nº 1.679.909/RS. In order to do so, a brief history of the changes in the discipline of the interlocutory appeal from 1973 to 2015 will be made, as well as a study of the divergences in doctrine and jurisprudence regarding the extension of the article 1.015 .Subsequently, the arguments brought by the STJ in judging REsp nº. 1.679.909 / RS were analyzed, as well as whether the use of these means of integrating the law was possible/feasible, taking into account the factual supports of decisions that deal with arbitration and jurisdiction. Right After, it will be concluded that it is not possible to use the extensive interpretation or analogy of article 1.015, III, of CPC/15, as advocated by the High Court and, in order to corroborate this, will be brought, in the end, some judges of later State Courts and divergent to what was decided by STJ.