Even after the entry into force of the Brazilian Code of Civil Procedure of 2015, the scope of interlocutory appeals (agravo de instrumento) remains a subject of debate, particularly due to differing interpretations of Article 1.015 of the CPC. One of the most controversial issues concerns the appealability of decisions rejecting a statute of limitations defense.
Although the statute of limitations is expressly classified as a matter of merits under the CPC, part of the case law has held that only decisions upholding the defense are subject to interlocutory appeal, denying review when the statute of limitations is rejected. This position has been adopted by certain panels of the São Paulo Court of Appeals, on the grounds that no decision on the merits would exist in such cases.
Conversely, recent rulings by the same court and a significant portion of legal scholarship support a broader interpretation, recognizing that both the acceptance and the rejection of a statute of limitations defense constitute decisions on the merits and are therefore subject to interlocutory appeal. This view is grounded in the wording of Article 1.015 of the CPC, which allows interlocutory appeals whenever the decision addresses the merits of the dispute, without distinguishing between favorable or unfavorable outcomes.
The article argues that this interpretation better aligns with the objectives of the CPC/2015, particularly procedural efficiency and effective judicial protection. Allowing interlocutory appeals in these cases may prevent unnecessary evidentiary proceedings and avoid undue delays, contributing to a more efficient resolution of disputes.
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