Unnamed resource is the existing appeal against decisions taken in Special Courts.
This type of appeal is provided for by Law No. 9,099, of September 26, 1995, and by Law No. 10,259, of July 12, 2001.
According to article 42 of Law No. 9,099/95, the unnamed appeal must be filed in the within 10 (ten) days counted from the date of knowledge of the decision. This request must be made through a written petition, which must contain the reasons for the request.
The request for review of the decision (the appeal) is made by a Colegio Recursal, formed by three lower court judges.
Unnamed Resource Model
A template for an innominate appeal request follows, which will serve as an outline to guide interested parties.
HONORABLE MR. JUDGE OF THE SPECIAL COURT OF ______
Process No.: _____
__________, through its attorneys, comes, Your Excellency, pursuant to art. Art. 41 of Law No. 9,099, interpose
UNNAMED RESOURCE
in view of the decision on pages ___, which in a lawsuit filed against _________.
1. BRIEF SUMMARY
*At this time, describe only the facts relevant to the conclusion of the necessary granting of the request. Briefly expose the factors that lead to the desired conclusion. After a brief citation of the decision, provide the exact point of the mistake in the contested decision, so that on the first pages the judge already understands the basis of the request.*
This is a lawsuit filed for, which obtained the following sentence:
_______(quote part of the decision).
It so happens that this decision deserves attention, since ________ (indicate a crucial point that supports the request).
2. OF THE LAW
*Develop the appeal reasons, highlighting the reasons that led to the object of the sentence. Score the opposition individually and not only reproduce the arguments already developed in the opening or in the answer.*
3. ANTICIPATION OF THE EFFECTS OF THE APPEAL RELIEF
THE VERISIMILITY OF THE ALLEGATIONS: As was perfectly demonstrated, the probability of the right of the is characterized by the ________ (briefly indicate the merit of the right).
DANGER IN DELAY: From what can be seen from the facts narrated, the risk of loss of the right with the delay in the procedural process, and the preliminary injunction must be granted for _______.
4. REQUIREMENTS
For these reasons, IT REQUIRES:
- the receipt of this appeal in its active and suspensive effects, pursuant to the terms of 43 of Law No. 9,099 for the purposes of ______;
- the summons of the Appellee to express its wish, pursuant to § 1, art. 1.010 of the CPC;
- the full merits of the appeal to obtain a new decision, for the purposes of _______;
- informs that he failed to carry out the preparation because he was a beneficiary of free justice;
- the judgment of the defendant to pay the procedural expenses and loss of suit;
In these terms, it requests approval,
Lawyer ______ OAB/UF No.___
*Mandatory in the appeal phase of the intervention of a Lawyer - Art. 41, § 2 of Law 9,099*
See also the meanings of Deferred with appeal and extraordinary resource.