Breves notas sobre a Lei n. 14.939/ 2024 e a jurisprudência do Superior Tribunal de Justiça sobre tempestividade recursal

Abstract

This article analyzes the evolution of the Superior Court of Justice’s case law regarding the verification of local holidays to assess the timeliness of appeals, especially after the enactment of Law n. 14,939/2024, which amended §6 of Article 1,003 of the Code of Civil Procedure. The authors highlight the Point of Order in AREsp 2,638,376/ MG, reported by Justice Antonio Carlos Ferreira, in which the Special Court recognized the possibility of subsequently correcting the formal defect related to the lack of verification of the holiday, applying the principle of primacy of judgment on the merits. The judgment consolidated the understanding that the new rule has immediate application, including to appeals filed before its enactment, reinforcing procedural cooperation and avoiding excessive formalism, in line with the STJ’s interpretative evolution and the values of legal certainty and procedural effectiveness.