Navegando por Autor "Silva, Adelvan Oliverio"

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Aplicação de precedentes judiciais vinculantes no processo administrativo
(Centro Universitário do Estado do Pará, 2019-06-07) Ferreira, Elter Paulo; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727; Silva, Adelvan Oliverio; http://lattes.cnpq.br/8410285154382694
The advent of Code of Civil Procedure of 2015 (CPC) brought a new system of judicial precedents inserted in article 927 do CPC which establish that every judge must respect precedents. The judicial precedents effect is changing slowly from persuasion to biding. There are arguments contrary and favorable to precedent application, for instance, independence of the judge on the contrary side and legal certainty on the favorable side. However, regarding Public Administration, which is part of the Democratic State, the same way that the Judiciary is, there is no forecast at on the CPC to application of binding judicial precedents. That way, the object of this study will be the effect of the judicial precedent, especially the binding established in art. 927 of the CPC, regarding to the administrative process, by which the Public Administration expresses its will. This study starts with the delimitation of precedes, its possible effect, as well as clarifies the difference between common law and stare decisis, passing through the analysis of the reasons for application and non-application of precedents and, in the end, the study analyze the possibility of the application of the theory of judicial precedents for the administrative process, and reaches a conclusion on that matter.
O bloqueio de investimentos em renda fixa e variável: uma análise acerca das consequências da implementação do Sistema Bacenjud 2.0
(Centro Universitário do Estado do Pará, 2019-06-03) Ferreira, Renann Patrick Costa; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727; Silva, Adelvan Oliverio; http://lattes.cnpq.br/8410285154382694
The present work of monographic research aims to analyze the nuances regarding the implementation of the BacenJud 2.0 system in relation to the attachment of investments in fixed and variable income in the execution process. Throughout the work will be addressed the efforts expended by the Judiciary to ensure the effectiveness of executions, in view of the increasing need for alternative means to bypass the slowness with which enforcement actions are finalized. We will analyze, on a timely basis, the evolution of the BacenJud system and its characteristics as an essential tool for the execution phase. In addition, the implementation of this update of the online attachment system will be difficult, focusing on the decisions of the state and higher courts, as well as doctrinal divergences and interpretation of the legal text, in order to analyze the effectiveness and guarantee of rights resulting from an effective execution.
O incidente de resolução de demandas repetitivas - IRDR: análise acerca da natureza jurídica do incidente sob o prisma jurisprudencial brasileiro
(Centro Universitário do Estado do Pará, 2019-06-07) Santos, Marcos Vinicios Pinto; Silva, Adelvan Oliverio; http://lattes.cnpq.br/8410285154382694; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727
This monograph has, as main purpose, to define the legal nature of the so-called Incident of Resolution of Repetitive Claims (IRRC). It is used, for this purpose, the bibliographic research, based predominantly on authors such as Sofia Temer, Marcos Cavalcanti, Fredie Didier Jr. And Leonardo da Cunha, discussing form the study of the understanding of those professors, if the IRRC is based on the “model procedure” of German Law or on English Law and its “pilot case” procedure, or even, based on the Brazilian Code of Civil Procedure and on the doctrine, if this legal institute does not have its own nature, separable from the international currents. In the end, the contributions of each of the currents mentioned above will be analyzed and will be demonstrated how the IRRC contains a specific legal nature, with its own structural design and how it moves away from the European currents.