Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

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Navegando Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional por Orientador "Cichovski, Patrícia Kristiana Blagitz"

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    Mobilidade urbana e federalismo: repartição de competências em matéria de transporte público coletivo no município de Belém
    (Centro Universitário do Estado do Pará, 2015) Rendeiro , Carla Blanco; Cichovski, Patrícia Kristiana Blagitz; http://lattes.cnpq.br/8940927801366003
    The present work aimed to analyze the distribution of competences between the entities of Brazilian federation arranged in the Federal constitution of 1988 in particular, the urban competences related to urban mobility and urban public transport, in order to demonstrate how the issue affects the joint actions of governmental entities in Belem township. The actions aimed the execution of mobility in the cities, especially those aimed at motivating the use of collective public transport, are understood as public functions. In the exercise of these functions, the governmental entities should identify their respective competences to legislate about the issue and implement the necessary actions for development observing the constitutional and infra-constitutional principles and rules. Thus, it was identified, first , the origin of the term urban mobility and its current concept, by inserting it in the context of urbanization and metropolization of the country, showing that the current definition widespread in Brazil from actions of the Federal government in 2003, is not restricted to the legal concept and it is inserted in a bigger context that requires the participation of the public power to ensure that the movement of people and goods occur efficiently , safely, physically accessible , financially and sustainable in order to provide the social function of the city and, therefore, a better quality of life for people. It was also done, an analysis of Federalism and about the formation of the Federal Brazilian state to identify the general situation of the distribution of competences in matter of urbanistic and in urban transport and, from this analysis , reach the diagnosis of the performance of municipal, state and federal governments in Belem township , while head of the metropolitan region in actions aimed at improving the urban and metropolitan transports , implementing the constitutional order to exercise their common and competitive competences in a coordinated and cooperative way.
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    Precedentes judiciais vinculantes no Código de Processo Civil de 2015, ativismo judicial e (in) segurança jurídica
    (Centro Universitário do Estado do Pará, 2018) Feio, Thiago Alves; Cichovski, Patrícia Kristiana Blagitz
    The Civil Procedure Code of 2015 (CPC) introduced profound reforms in the Brazilian legal system, among which is the system of binding precedents, aimed at easing the crisis that the Judiciary has passed since the promulgation of the 1988 Constitution, represented mainly by procedural delays and legal uncertainty. The first one is represented by the number of cases, with 79.7 million cases pending, and by the enormous duration of judicial proceedings, on average of 5 years and 10 months. The latter is evident with a diversity of decisions for similar cases. The study proposes the questioning: is the system of binding precedents of the CPC, as introduced and taking into account the Brazilian context, a tool capable of limiting judicial activism and promoting legal security in Brazil? With the objective of analyzing the suitability of binding precedents to provide legal security in the country. This analysis proposes a comparative study with common law principles, through a bibliographical review of books and articles on the subject, where it is possible to question the importation of this system, without proper adaptation. It is clear that a number of conceptual determinations and structuring are necessary in order for binding precedents to be able to give satisfactory prestige to legal certainty. Regarding the conceptualizations, the use of precedents may raise doubts as to which part of the decision will be linked, which body will be responsible for the specification of that part and which model of application of precedents. This lack of definition can intensify activism in the country by expanding the margin for discretion. With regard to the structures, there are operational gaps, due to the lack of a reporting system in the Brazilian legal system, in order to set up a specialized committee to extract the elements, in a schematic form, from the decision. Another missing structure is the lack of an organized tool for consulting the precedents. Therefore, the system of precedents requires a structural organization and a debate for conceptual definition, aiming to compensate for the lack of culture of respect for judicial understandings, lacking a project to foster respect for and continuity of judicial decisions.