Navegando por Assunto "Direito civil"

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Adultização e sexualização de crianças e adolescentes: a proteção dada pelo direito civil
(Centro Universitário do Estado do Pará, 2020) Oliveira, Hanna Adriele Ferreira de; Rocha, Karen Richardson; http://lattes.cnpq.br/0535294292914447
This work aims to discuss the care to be observed in the protection and education of children and adolescents, taking into account their specificities, such as their fragility and how their image was seen in the history of humanity, going through changes in their location in society, in addition to the role of the media in this process. Still, on the role of parents and the State in this protection and the measures applied to safeguard the interests of those who are incapable under the law.
Os precedentes judiciais como forma de superação da crise de tempestividade na prestação jurisdicional brasileira: em busca da razoável duração do processo
(Centro Universitário do Estado do Pará, 2015-04-09) Pereira, Bernardo Augusto da Costa; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This study aims to demonstrate the relevance of judicial precedents to overcome the timing crisis in adjudication, by which the Brazilian Judiciary goes by. Therefore, the legal traditions of civil law and common law are briefly analyzed, with greater focus on the latter, in order to demonstrate the approach that occurs between such legal families, and that there are no barriers to the use of judicial precedents by affiliated countries to the Roman-Germanic tradition. It is also studied the theory of judicial precedents, being defended a hermeneutic and dialectical conception of these institutions, as well as favorable arguments for their use. In the same way, the essential elements for a proper understanding of the theory of judicial precedents, besides the revocation techniques, are target of specific analysis. The neoconstitutionalist and neoprocessualist conceptions that start to affect the Brazilian Judiciary after the advent of the Constitution of the Republic of 1988 are target of attention in the same way that the arguments against the adoption of judicial precedents in Brazilian law. Then, due to the expansion of techniques of judicial decision’s binding, understood as part of a public policy in favor of reasonable duration of the process, the institutes of binding summary, general repercussion and the New Code of Civil Procedure, with focus on the incident of resolution of repetitive demands, are object of careful study. Finally, in order to deepen the quality of application of judicial precedents in the Brazilian law, it is studied the theory of Ronald Dworkin, with greater focus on law as integrity. It is concluded that the judicial precedents, if well managed, are able to promote an increase in quality of judicial decisions, and also assist the Brazilian Judiciary to achieve the reasonable duration of the process and, hence, the due process of law.
Os requisitos de validade do negócio jurídico nos contratos eletrônicos: uma análise a partir da jurisprudência do Superior Tribunal de Justiça
(Centro Universitário do Estado do Pará, 2023) Menezes, Dionísio Matheus Reis; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
The advent of the digital era and rapid technological evolution have significantly altered the dynamics of legal business, with electronic contracts standing out as a central element of this transformation. As they are formalized instruments in the digital environment, a range of legal questions arise regarding the singularities of this business model and its compatibility with traditional legal business models, as stated in the Civil Code of 2002. In the meantime, the present work aims to analyze the legitimacy of electronic contracts in the national legal system, verifying their consonance with the infraconstitutional norms regarding Contract Law and the jurisprudence of the Superior Court of Justice (STJ) in the last five years. Methodologically, the research started from a hypothetical-deductive perspective, with qualitative approach, and focused on bibliographical, documentary and case study procedures, specifically normative acts, judgments of the STJ and specialized doctrine regarding contract law.
Prestação de contas na curatela: a necessidade de uma abordagem subjetiva para a proteção do melhor interesse do curatelado
(Centro Universitário do Estado do Pará, 2023) Ferreira, Israel Vitor Farias; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This article proposes a critical reflection on the Accountability Process in Guardianship. The main issue addressed is the effectiveness of the current process, which mainly focuses on the financial dimension, neglecting a multidisciplinary approach. This one-dimensional approach may not align with the best interests of the ward, contradicting the essential purpose of guardianship as stipulated in Article 755, §1 of the Civil Procedure Code. Through a theoretical and legal analysis of the guardianship institution and the Accountability Process, this article draws an analogy with the subjective accountability process used in custody cases. We argue that it is crucial for the oversight of the guardianship process to also encompass subjective aspects, in order to ensure the effective protection of the ward's rights and interests.