A aplicação da tese da taxatividade mitigada pelo TJRJ sob a ótica do ideal da calculabilidade da segurança jurídica

The paper aims to analyze the application of the mitigated taxability thesis of article 1.015 of the 2015 Brazilian Civil Procedure Code by the Rio de Janeiro Court of Justice (TJRJ), based on a comparison of decisions handed down in 2017 and 2020, periods before and after the publication of Theme 988 by the Brazilian Superior Court of Justice. The research combines a bibliographical review and empirical analysis of court decisions to verify whether the flexibilization of the list of grounds for interlocutory appeal has contributed to increasing legal certainty in the Brazilian appellate system based on judgments of the TJRJ – a multifaceted phenomenon that involves, among other dimensions, the predictability,  uniformity and stability of court decisions and is analyzed based on the calculability of court decisions, according to the ideal states proposed by Humberto Ávila. The results show that the application of the thesis did not  follow  uniform criteria and ended up compromising legal certainty, especially with regard to the calculability of judicial decisions, according to the ideal states proposed by Humberto Ávila, since, in 2020, similar decisions received different treatments depending on the judging panel, especially in cases of evidence production and expert fees. In the end, it is concluded that the mitigated taxability thesis, contrary to expectations, seems to have had negative effects on
the legal system by increasing decision-making asymmetry and uncertainty as to the suitability of interlocutory appeals within the scope of the TJRJ in the studied sample of cases ruled in 2020 compared to the more uniform scenario observed in the sample of cases from 2017.