A regra da dupla conforma e a sua aplicabilidade no processo civil brasileiro: uma análise por meio do direito comparado

Abstract

The present study has as objective to analyze the rule of the double compliant, foreseen in nº 3 of art. 671 of the Portuguese Code of Civil Procedure, as well as to relate it to the current recursal parameter in Brazil, with a view to questioning its application. To do so, we will first discuss the institute and its most relevant peculiarities, such as hypotheses of (non) incidence, its purpose and how the Portuguese doctrine behaves. Therefore, it should be pointed out that the then CPC / 73 brought, by regulation by later law, a similar forecast, known as the "impediment summary", which operated with means and foundations similar to the conforming double. However, as this rule determines a reduction in the freedom to file a complaint, its assessment is indissociable from the double degree of jurisdiction, which, in turn, also requires careful analysis. This is followed by a study of the admissibility requirements of the special appeal, as well as the flood of misappropriations presented to the Superior Court of Justice, which directly fall into the basic proposal of the rule of double compliance: the limitation of resources for what the Portuguese traditionally called the "third degree of jurisdiction". Finally, the possibility and feasibility of applying the aforementioned rule in Brazilian civil proceedings is investigated.