What is extrinsic assumption?
assumption appeals extrinsic are those relating to the exercise of the right to appeal, that is: if there is a right to appeal by filling in the intrinsic assumptions , the requirements for the “validity” of the appeal must be observed.
What are the extrinsic resource assumptions?
In view of this, the requirements intrinsic are : appropriateness of resource , legitimacy to appeal, interest in appealing and inexistence of impeding or extinguishing fact of the power to appeal, since the extrinsic would be timeliness, formal regularity and preparation.
What are the intrinsic and extrinsic assumptions of admissibility of the review appeal?
The referred resource is covered with formalism and must meet the legal requirements, that is, the requirements intrinsic , which are those that concern the contested decision itself (legitimacy, capacity and interest) and extrinsic , are those that refer to the procedural situation (recurrence of the ...
What is an admissibility assumption?
Before analyzing the merits of the case, assists the Magistrate in carrying out a judgment of admissibility , that is, it checks if the process is in order ( assumption procedural) and whether the right of action also fulfills its requirements (conditions of action).
Who reviews the appeal's admissibility requirements?
Usually the resource it is brought before the body responsible for rendering the contested decision (court a quo), and is later passed on to the body responsible for analyzing the merits of the appeal (court ad quem). So, the judgment of admissibility , is sometimes done before these two judgments.
Who makes the judgment of admissibility of the ordinary appeal?
THE Admissibility Court precedes the knowledge of the appeal merit, which is the responsibility of the collegiate. The former, in the form of a screening, is up to the President of the local Court, who will only examine the existence of the following assumptions, without saying whether or not the appellant is right.
Who makes the judgment of admissibility of special and extraordinary appeals?
Provides for art. 983 of Bill No. 8046/2010, that the extraordinary resource must be brought before the court of appeal. In accordance with the provisions of the internal regulations, the competence will fall under the Presidency or Vice-Presidency of the court, which will carry out the judgment prior to admissibility appeal.
Who is the judgment a quo and the judgment ad quem?
That is, the judge or Court to how it is the one of lower instance, from which the process came or the one whose decision is appealed. Conversely, in legal language, one says “ judgment ad who” to refer to the higher court to which the case is referred, that is, to whom it is appealed.
What is the difference between court and judge?
DISTINCTION BETWEEN JUDGE AND JUDGMENT . APPLICATION OF ART. 134 , III , DO CPC . ... Judgment , in the strict sense, is taken in the same meaning of court, that is, the place where the judge exercises its functions or functions in the exercise of its jurisdiction or of its own office" (De Plácido e Silva).
What does it mean to make judgment preventive?
In CPC/2015, prevention, or pretrial judgment , is the procedural rule used to establish jurisdiction: 1) of the action in rem when the property is located in more than one competent district (arts.
What is meant by admissibility judgment in labor procedural law?
THE admissibility judgment consists of analyzing the presence or absence of the assumptions of admissibility appeals, that is, the requirements that must be present for the appeal to be admitted, received, accepted by the Judiciary for judgment on the merits.