Questão jurídica principal
Whether a decision refusing appointment of an estate representative under Art. 602(3) CC is appealable by federal appeal.
Decisão extraída
Such decisions are not judgments finally deciding a disputed civil claim; they are unilateral protective measures and therefore not subject to federal appeal.
Fundamentação extraída
The appointment of an estate representative depends mainly on practical considerations and is left to the authority's discretion. The court deciding the request does not determine the substance of a civil right, only an organizational measure for the period before partition.