Do duplo grau de jurisdição: princípios do duplo exame, do duplo grau e da dupla instância

Abstract

Doubtlessly, the appeal, understood in its broadest sense, maily aims at meeting a visible and unremovable innate tendency in the human gender, which is that, in general, nobody abides by an unfavorable judgment, which in tum causes some kind of loss. In the simplest daily examples, we find clear traces and countless manifestations of this impulse even though they appear under the form of tentative reform, directed towards the original judge and solved by himself before new arguments immediately invoked by the victim or the party injured by the decision made. The appeal matter is thus intiTately associated to, anct consequently irremediably linked with the basic principle of the double degree of jurisdiction, according to whicil judged demands may be submitted to reassessment, with a consequent confirmation or even an eventual reformation of tbe contents of the opposed action (rectius: decisum) , brought to collation by the defeated party.