The interlocutory appeal is one of the most important remedies provided for in the Brazilian Code of Civil Procedure, used to challenge interlocutory decisions, that is, those issued during the course of the proceedings but which do not bring the judgment to a close. And although it is a technical instrument, the interlocutory appeal is a strategic tool for lawyers, parties and other interested parties in the process, as it allows for the immediate review of decisions that could cause irreparable harm if not corrected promptly.

Let's better understand what an interlocutory appeal is, in which situations it can be used, how it differs from other appeals, what the legal requirements are for its admissibility, and other relevant information for its correct application in procedural matters.

What is an interlocutory appeal?

An interlocutory appeal is a legal remedy provided for in articles 1.015 to 1.020 of the 2015 Code of Civil Procedure (CPC). It is applicable against interlocutory decisions that deal with matters expressly provided for by law. An interlocutory decision is one that, although it does not end the proceedings, resolves incidental issues that may directly influence the course of the action or the rights of the parties.

According to article 1.015 of the CPC (Brazilian Code of Civil Procedure), an interlocutory appeal is admissible in the cases listed therein, such as:

Article 1.015. An interlocutory appeal may be filed against interlocutory decisions concerning:

I – provisional injunctions;

II - merits of the case;

III – rejection of the claim of an arbitration agreement;

IV – incident of disregarding the legal personality;

V – rejection of the request for free legal assistance or acceptance of the request for its revocation;

VI – display or possession of a document or object;

VII – exclusion of a co-litigant;

VIII – rejection of the request to limit the number of parties involved in the joint litigation;

IX – admission or non-admission of third-party intervention;

X – granting, modifying, or revoking the suspensive effect of objections to enforcement;

XI – redistribution of the burden of proof under the terms of article 373, § 1;

XII – other cases expressly referred to in law.

Therefore, the interlocutory appeal has exhaustive grounds for its admissibility, but case law may allow for an extensive or analogical interpretation in situations of urgency or risk of irreparable harm.

Purpose and Importance of the Interlocutory Appeal

The main function of an interlocutory appeal is to allow for the immediate reassessment of interlocutory decisions before the final judgment, especially when there is a risk of serious damage that is difficult or impossible to repair. Unlike decisions that can only be challenged by appeal after the judgment, the interlocutory appeal has the power to bring the matter to the competent court more quickly before a final decision is issued.

This resource is essential to avoid irreparable harm to the parties during the course of the proceedings; to correct illegalities or abuses of power committed by the court of first instance; and to guarantee the observance of the adversarial principle and the right to a full defense, especially in matters such as evidence, third-party interventions, and provisional remedies.

Comparison with Other Resources

To better understand the role of the interlocutory appeal, it is helpful to compare it with other appeals provided for in the CPC (Brazilian Code of Civil Procedure), such as those listed below, which may cause confusion for legal professionals:

• ApelacaoUnlike an interlocutory appeal, an appeal is a recourse filed against a judgment, that is, against the decision that ends the proceedings, and is used after the merits of the case have been judged.
• Statement of clarification: They aim to clarify obscurity, contradiction, or omission in any judicial decision and will therefore be reviewed by the judge who issued the decision.
• Ordinary, special or extraordinary appealThese are addressed to higher authorities and have specific requirements related to the subject matter or the adjudicating body.
• Internal Appeal and Appeal in Special/Extraordinary Appeal: Although also called "appeals," they have different purposes and procedures, aimed at processing in higher courts. The Internal Appeal (article 1.021 of the CPC) is used to challenge monocratic decisions issued by rapporteurs in the court, and the Appeal in Special or Extraordinary Appeal (article 1.042 of the CPC) is applicable when the president or vice-president of the local court does not admit the appeal to the Superior Court of Justice (STJ) or the Supreme Federal Court (STF).

Thus, the interlocutory appeal stands out as the main means of immediately challenging interlocutory decisions, filling a relevant procedural gap for the control of decisions issued before the final judgment.

Requirements for Filing an Interlocutory Appeal and its Processing

The correct filing of an interlocutory appeal depends on compliance with legal, formal, and substantive requirements. Failure to meet these requirements may result in the appeal being inadmissible. Therefore, we list the main requirements stipulated by the CPC (Brazilian Code of Civil Procedure).

Main Requirements:

1. SuitabilityThe decision must fall within the scenarios outlined in article 1.015 of the CPC.
2. TermThe appeal must be filed within 15 business days from the date of notification of the decision (Article 1.003, §5, CPC).
3. PreparationThe appellant must pay the court costs corresponding to the appeal, unless they are a beneficiary of legal aid.
4. Required documents (art. 1.017, §5º):
   1. Copies of the initial petition, the answer to the complaint, the petition that gave rise to the appealed decision, the appealed decision itself, the certificate of the respective notification or other official document proving timeliness, and the powers of attorney granted to the lawyers of the appellant and the appellee;
   2. A declaration by the appellant's lawyer that none of the aforementioned documents exist, under penalty of personal liability;
   3. Optionally, with other documents that the appellant deems useful.
   4. Proof of payment of appeal fees, when applicable.
5. RationaleThe appeal must present the legal reasons that demonstrate the incorrectness of the challenged decision.
6. Request for a stay of execution (optional)The appellant may request that the appeal suspend the effects of the appealed decision, pursuant to article 1.019, item I.

Therefore, failure to comply with these requirements may result in the appeal not being considered by the court.

Once filed, the interlocutory appeal will be assigned to a rapporteur in the competent court. The rapporteur may/should grant suspensive effect to the appealed decision; order the respondent to be notified to present counter-arguments within 15 days; take the appeal to a single-judge decision, when appropriate, or include it on the agenda for a collegial decision.

The court may confirm, amend, or annul the challenged decision, observing the principles of adversarial proceedings, full defense, and reasoned decisions.

Practical Tips for Lawyers in Preparing an Interlocutory Appeal

• Verify precisely whether the decision falls under the provisions of article 1.015 or under established case law that allows for exceptions.
• Gather all the required documents, paying close attention to detail, especially certificates and powers of attorney.
• Substantiate your request thoroughly, with legal and factual arguments that demonstrate the risk of maintaining the appealed decision.
• Whenever possible, request a stay of execution, highlighting the danger of delay and the plausibility of the right.
• Follow the progress of the appeal and, if necessary, be prepared to file an internal appeal in case of an unfavorable single-judge decision.

Conclusion

The interlocutory appeal is an essential remedy in Brazilian civil procedure, allowing interlocutory decisions to be reviewed immediately by the competent court, thus ensuring greater fairness and balance in the procedural process. Provided for in articles 1.015 to 1.020 of the CPC (Code of Civil Procedure), this remedy has exhaustive grounds for admissibility, but allows, in certain cases, a mitigated interpretation, according to the jurisprudence of the STJ (Superior Court of Justice).

Knowing when and how to use it is fundamental to legal practice, as an appeal may represent the only opportunity to correct potentially damaging decisions throughout the process. By rigorously complying with legal requirements and presenting solid justification, lawyers can use this instrument effectively and safely.

References

AURUM. Articles 1.015 to 1.020 of the CPC commented: interlocutory appeal. Available at: https://www.aurum.com.br/blog/novo-cpc-comentado/art-1-015-a-1-020-cpc/. Accessed on: April 13, 2025.

BRAZIL. Law No. 13.105, of March 16, 2015. Code of Civil Procedure. Available at: https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105.htm. Accessed on: April 13, 2025.

INITIAL MODEL. What is an interlocutory appeal and when can it be used? Available at: https://modeloinicial.com.br/artigos/agravo-instrumento/. Accessed on: April 13, 2025.

COURT OF JUSTICE OF THE FEDERAL DISTRICT AND TERRITORIES. Interlocutory appeal. Easy Law – weekly edition. Available at: https://www.tjdft.jus.br/institucional/imprensa/campanhas-e-produtos/direito-facil/edicao-semanal/agravo-de-instrumento. Accessed on: April 13, 20.