The present work aims to investigate how changes brought about by the Civil Procedure Code
that face the positioning of defensive jurisprudence in an appeal scope. In this sense, the work
will address the theme in three chapters, the first being dedicated to the exposure of procedural
principles that directly privilege the analysis of appeal merit by the judge, such as procedural
good faith, efficiency, instrumentality of forms and primacy of resolution merit. In the second
chapter, the relationship between procedural formalism and the fundamental right of access to
justice will be explored. Finally, in the third chapter, the main changes brought about by the
CPC / 2015 will be addressed in appeal, through the provision of general sanitation clauses, in
order to guarantee the overcoming of procedural filigree created by defensive jurisprudence.
The method used in the research was deductive-argumentative, through the analysis of
provisions of Law 13.105 / 2015 (Code of Civil Procedure) as well as through the reading of
books, scientific articles, jurisprudence (summarized or not) that discuss related aspects to the
theme.
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