OAB 2a Fase Practice Questions - OAB Exame De Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam

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A client seeks legal counsel after receiving an adverse final judgment in an ordinary civil lawsuit rendered by a state trial judge (juiz de direito) in São Paulo. The judgment fully dismissed all claims on the merits. What is the appropriate procedural remedy to challenge this judgment, to which court should the interposition petition and reasons be addressed, and what is the statutory deadline under the Brazilian Code of Civil Procedure (CPC)?

Apelação (Appeal), addressed to the trial judge for initial formal interposition and remittal to the Tribunal de Justiça (TJ/SP) for appellate judgment, within 15 business days. Agravo de Instrumento (Interlocutory Appeal), addressed directly to the Tribunal de Justiça (TJ/SP), within 15 business days. Recurso Ordinário Constitucional (ROC), filed directly with the Superior Tribunal de Justiça (STJ), within 15 business days. Embargos Infringentes, filed before the trial judge within 10 business days.

Correct Answer:

Apelação (Appeal), addressed to the trial judge for initial formal interposition and remittal to the Tribunal de Justiça (TJ/SP) for appellate judgment, within 15 business days.

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