The applicant brought an aggravated instrument before the Court of Justice of the State of Santa Catarina, which he did not know the appeal for deficiency in the formation of the instrument. To the State Court, the copy of the publication of the decision in the electronic justice diary has the ability to prove, only, that the decision was published, but not to prove the date in which the part had been summoned, which ended doubt as to Resource storm.
Faced with this decision, the part interposed a special appeal by pointing out the existence of jurisprudential divergence on the dispensibility of the certificate of subpoena of the aggravated decision when the timing of the resource is possible to be measured in the process. The upper court hosted the applicant's thesis, pondering that, although the certificate of summons of the decision is a mandatory piece in the formation of the instrument of the aggravation, its absence can be relevant when it appears unambiguous, on the other document, the interposition of the aggravation within the legal deadline.
Ratiodecidend was applicable to the application of the principle of forms of forms, whose scope is to make the procedural act feasible which, even though it has been achieved in a different way, has achieved its goal.
In addition, remained in the judgment that the Superior Court of the Court had already signed an understanding that electronic publication replaces any other official publication (less in cases where the law requires summons or personal view), which is why, Certificate of publication in the electronic justice diary is able to prove the recursal storm.
The establishment of the thesis by the Superior Court of Justice not only prestigious the principle of instrumentality of forms, as it becomes an example of detachment of the judgment to formalism, going against the propensity of defensive case-law, which is not rarely, prevents the process from being, in fact, the instrument for legal daturation.
