A possibilidade de ampliação do rol taxativo do agravo de instrumento mediante negociação processual atípica

Abstract

The purpose of this scientific article is to present the problem of the irrecoverability of interlocutory decisions that are not attackable by interlocutory appeal. It will present about the possibility of expanding the taxable list of the instrumental appeal through atypical procedural negotiation, considering that the referred institute emerged as a possibility to adjust the procedure according to the specificities of the cause, presenting due principled, doctrinal and jurisprudential support, as well as analyze judgments that corroborate this possibility. It will also present the characteristics of that appeal, bringing its purpose, unraveling the fitting hypotheses, its characteristics, as well as exploring the expansions carried out by the Superior Court of Justice. It will address that the referred extension gave an opening for the atypical procedural negotiations to expand the taxable list of the interlocutory appeal without violating its taxativeness, since, as defined by the Superior Court of Justice, it is a mitigated taxativeness.