Questão jurídica principal
Whether the federal appeal was admissible as a civil law appeal despite being labeled subsidary constitutional appeal
Decisão extraída
The filing could be treated as a civil law appeal because the refusal to join a third party is a partial decision and the civil appeal route was open.
Fundamentação extraída
A refusal to admit a new party definitively excludes that person from the proceedings and therefore qualifies as a partial decision under Art. 91 let. b LTF. The mislabeled remedy could be converted because the raised complaints could be reviewed under the civil appeal.