Navegando por Autor "Silva, Adelvan Olivério"

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Os desafios inerentes à escolha da natureza interpretativa do art. 1.015 do CPC: uma análise à luz dos princípios processuais
(Centro Universitário do Estado do Pará, 2018-12-14) Crispino, Pedro Rosário Lemos; Silva, Arthur Laércio Homci da Costa; Silva, Adelvan Olivério
The following essay has the goal of presenting the treatment given by the Brazilian Civil Procedure Code of 2015 to interlocutory appeals, as well as its impacts over academic and case law fields. For this purpose, an analysis will be held on interlocutory appeal’s concept and, more importantly, on its interpretative nature, being that the one envisioned by the legislator or the one scholars and law enforcers find more adequate. Likewise, in order to elucidate such procedural innovation, social and juridical contexts that preceded the establishment of a new judicial review system will be analyzed, more precisely the contexts that preceded the creation of interlocutory appeal both in the elaborations of the Brazilian Civil Procedure Code of 1973 and the Code of 2015. Moreover, it will be fundamental to analyze this judicial appeal species in the light of procedural principles as a manner of consubstantiate schools of thoughts, from which the different interpretations of section 1.015 of the Brazilian Civil Procedure Code of 2015can be extracted. In addition, a special highlight will be given on procedural principles and mainly on the urging need of balancing those principles. Furthermore, the present monography will briefly introduce primary discussions on special appeals judgements affected by definitive appeals rite, currently in progress in the Superior Court of Justice, and in which the interpretative nature of Brazilian Civil Procedure Code of 2015’s section 1.015 will be defined. Therefore, the present research is important inasmuch as it points out important observations coming from all the parties engaged on the mentioned discussion, and, thus, enables a precise analysis of their lessons – what is expected to help reaching a solution to such question.
O dissenso do novo Código de Processo Civil com as práticas aplicadas na comarca de Belém/PA: dos prazos conferidos aos servidores e magistrados
(Centro Universitário do Estado do Pará, 2018-12-14) Serra, Tasso Braga; Silva, Arthur Laércio Homci da Costa; Silva, Adelvan Olivério
The present work has the objective of demonstrating that the researches developed on certain practices applied by the servants and magistrates, regarding the terms granted to them, have a dissent between what determines the procedural legislation and what is exercised by these servers in the judicial units. To carry out this analysis, the theoretical knowledge extracted from lectures that approach the subject is used as methodology, as well as the knowledge acquired from internships that provided a day-to-day experience of the courts of the district of Belém / PA. In this sense, regarding the results obtained, it was observed the need to restructure the Judiciary in the District of Pará. Thus, it was concluded, therefore, that the need arises to obtain the gratification of productivity for public servants, as a means of combating procedural delays.
A força vinculante dos precedentes no CPC/2015: uma análise acerca da sua (in) constitucionalidade
(Centro Universitário do Estado do Pará, 2018-06-25) Cruz, Breno José Antonio Góes; Silva, Adelvan Olivério; http://lattes.cnpq.br/8410285154382694; Pereira, Bernardo
Among the changes introduced by the new Code of Civil Procedure (CPC / 2015), which came into force in 2016, we highlight the creation of a new system of binding precedents, reflecting a contemporary trend of approximation between Common Law and Civil Law systems. The undeniable valuation of precedents, evidenced mainly in Articles 489, 926, 927 of the CPC, is justified as a measure capable of overcoming a framework of uncertainty and insecurity arising from conflicting decisions, materializing fundamental rights such as legal certainty and isonomy. However, for some, under arguments materially accepted by the Constitution, the new precedent system introduced by CPC / 2015 was built without specific support in the Federal Constitution, when legislating on constitutional matter, which is why part of the doctrine diverges about its constitutionality . In the face of the insurrection, this monograph aims to analyze the main criticisms that the system of binding precedents instituted by the CPC / 2015 suffers, through this, by the theory of Judicial Precedents and by the study of the Control of Constitutionality, in order to finally position ourselves on of the problem.