AGRAVO DE INSTRUMENTO COM EFEITO ATIVO NOS JUIZADOS ESPECIAIS: UMA PERSPECTIVA CRÍTICA COM BASE NA LEI 12.153/2009

This article proposes a study on the appeal on procedural grounds with active effect in the context of Small Claims Courts, with emphasis on the application and impact of Law No. 12,153/2009. The appeal on procedural grounds, especially when granted with active effect, is a procedural tool that allows the effects of a judicial decision to be anticipated before the final judgment. However, its use in Small Claims Courts raises questions about the preservation of the principles of speed, simplicity, and informality that characterize this system. The research explores the arguments for and against granting the active effect, examines strategies to mitigate undesirable effects, and proposes legislative improvements that can balance the need to protect rights and the efficiency of the process. Finally, the article suggests a critical review of the current system and points to the importance of future studies on the subject, aiming to improve the application of justice in Small Claims Courts.