Questão jurídica principal
Whether the appeal against the conciliation board's refusal to grant restitution is admissible.
Decisão extraída
The remedy was inadmissible because the board decided restitution definitively under Articles 148 and 149 CPC, and no appeal or recourse lies against that decision.
Fundamentação extraída
A request for a new hearing after a default is a restitution request. Under Art. 149 CPC, the court decides restitution definitively; therefore, the contested decision was not open to appeal. An erroneous indication of a legal remedy cannot create a nonexistent remedy.