THE MOTION FOR REVIEW — CLARIFICATIONS AND ADJUSTMENTS — UNDER ARTICLE 357, § 1 OF THE CPC AS A TYPE OF APPELLATE REMEDY: THE IMPACT OF RESP 1703571

Abstract

This article examines the legal nature, purposes, and effects of the motion for review—clarifications and adjustments—of the decision on case management and procedural organization, as provided for in Article 357, § 1 of the Code of Civil Procedure. The aim is to analyze the ways in which such decision is constructed, its substantive content, and the possibilities for dialogue with the parties, whether through a shared or negotiated procedural model or by means of the motion for review itself. In this context, the study addresses the judgment rendered by the Fourth Panel of the Superior Court of Justice (STJ) in REsp 1703571 concerning the motion for clarifications and adjustments and advances the thesis that this mechanism should be understood as an impugnatory instrument aimed at the correction, integration, and potential modification of the decision on case management and procedural organization. Accordingly, the article argues that the motion constitutes a type of appellate remedy, given its legal basis and its capacity to challenge the decision.