3.9.2 Interlocutory appeal
An interlocutory appeal is intended to object to interlocutory decisions (Articles 1,015–1,020 of the CPC). According to Article 1,015 of the CPC, an interlocutory appeal can be filed against:
I – provisional injunctions;
II – case merits;
III – rejection of the arbitration clause claim;
IV – request for piercing the corporate veil;
V – rejection of the request for free legal aid or acceptance of the request for its revocation;
VI – exhibition or possession of a document or thing;
VII – exclusion of a joint party;
VIII – rejection of the request for limitation of the joinder of parties;
IX – admission or non-admission of third-party intervention;
X – granting, modification or revocation of the effect of supersedeas to motions to stay execution;
XI – reassignment of the burden of proof pursuant to Article 373, Paragraph 1;
XII – (vetoed);
XIII – other cases expressly referred to in law.
An interlocutory appeal may also be filed against interlocutory decisions rendered in the decision settlement or judgment enforcement phases, in the process of execution or in the inventory process (Article 1,015(1) of the CPC).
Interlocutory appeals are addressed directly to the competent court by means of a petition stating the names of the parties, the description of the fact and right, the reasons for the request to change or invalidate the decision and the request itself, and the names and full addresses of the attorneys in the case (Article 1,016 of the CPC).
The rapporteur to whom the appeal is assigned may grant the effect of supersedeas to the appeal or grant, as interlocutory relief (totally or partially), or the appeal request, informing the judge of their decision; order that the appellee be personally notified – by letter with acknowledgment of receipt (if appellee does not have an attorney), by the Court Register or by letter with acknowledgment of receipt addressed to the attorney – so that they may respond within 15 days, allowing them to attach the documentation the rapporteur deems necessary to judge the appeal (Article 1,019 of the CPC). The rapporteur will also request a trial date within a period not more than one month from notification of appellee (Article 1,020 of the CPC).