3.9.7 Appeals against divergent decisions
Articles 1,043–1,044 of the CPC provide for appeals against divergent decisions.
Article 1,043. An appeal may be lodged against the judgment of a fractional court:
I – in an [appeal to the STF or the STJ], diverges from the judgment of any other body of the same court, either in appellate decisions, motions and leading cases, on the merits;
III – in an [appeal to the STF or the STJ], diverges from the judgment of any other body of the same court, either in an appellate decision on the merits and another that has not heard the appeal, although it has examined the dispute.
Paragraph 2. The divergence that authorizes the filing of an appeal against a divergent decision may occur in the application of substantive law or procedural law.
Paragraph 3. An appeal against a divergent decision may be filed when the leading appellate decision belongs to the same panel that rendered the decision objected, provided that its composition has been altered by more than half of its members.
Article 1,044. In the appeal against a divergent decision, the procedure established in the internal rules of the respective higher court will be observed.