Judge limits litis consortium in an official decision

Abstract

The present research deals with the interlocutory appeal, especially with regard to the possibility of using that resource in decisions that promote the limitation of joinder in an ex officio decision of the magistrate. This theme is of paramount importance, considering that article 1015 of the Code of Civil Procedure brings an exhaustive list of hypotheses in which the challenge for an interlocutory appeal is appropriate. And among these, the situation object of the present study is not present, that is, limitation of joinder in an ex officio decision. To achieve this research, the research methodology is used, the analytical method is used, since it is a collection and analysis of doctrinal works and civil procedural legislation on the subject, in addition to the analysis of a judgment of the jurisprudence of the STJ on the appeal under analysis and on the nature of the list of article 1015 of the CPC. In general terms, it is concluded that although article 1015 of the Civil Procedure Code brings an exhaustive list of hypotheses in which the challenge by means of an interlocutory appeal is appropriate, other hypotheses may be included through extensive interpretation, but this extension only would be possible in exceptional emergency situations.