O aumento do custo recursal no novo código de processo civil brasileiro: uma análise econômica

Abstract

This article addresses the consequences of the increase in the cost of appeals introduced in the Brazilian legal system by the new CPC. It demonstrates the changes introduced in this regard, and its constitutionality and feasibility under economic aspects. It uses as reference system the "Economic Analysis of Law". Thus, a careful review of the literature and legislation were basic precepts of this study. These consequences are presented in the investigation, related to the apprehension of the economic analysis of law, the relationship of the judiciary with the economy, the main changes brought by the new CPC and its respective constitutionality. After the punctual analysis of those elements, we proceed with their integration to complete the present interpretative proposal, vital nucleus of this study. The teleological reasoning, therefore, progresses towards the merger of these institutes. In conclusion, it points out that the increase of the recursal cost is valid before the proposed reference system, since it is capable of providing positive economic effects for the country.