Navegando por Assunto "Direito processual civil"

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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.
O incidente de resolução de demandas repetitivas e a atuação das agências reguladoras: eficácia e impactos jurídicos
(Centro Universitário do Estado do Pará, 2023) Santos, Talita Danielle Fialho Messias dos; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This master's thesis proposes a study on the impact of the court decisions made in the context of an incident of resolution of repetitive demands (IRDR) on the regulatory agencies, according to § 2o, of art. 985, of the Civil Procedure Code. It is a practical research, with a qualitative approach, having as methodological procedures the bibliographical and documental review. Under the premises of the theory of law, the research had its foundations based on modern legal positivism, having as a theoretical reference the North American author Ronald Dworkin. Regarding the civil procedural aspect, the main authors that served as the basis for the research were Paulo Sarno Braga e Rafael Alexandria de Oliveira, Sofia Orberg Temer e Thomas da Rosa de Bustamante. This paper seeks an investigation into the normative force of judicial precedents, especially the IRDR, given the possibility of the incident projecting its effectiveness to regulatory agencies, according to § 2o of art. 985, of the Civil Procedure Code. The issue is relevant given that IRDR is still a novelty in the legal system, in addition to the fact that the legislator has left gaps in its regulation, raising doubts among law enforcers, with the need to unify the understanding on the subject. To facilitate this research, a case study was used (IRDR n. 0801251-63.2017.8.14.0000 of the Court of Justice of Pará, that questions the fairness of the collection of unregistered consumption of past period by Equatorial (formerly Celpa). Finally, it was found that judicial precedents have normativity, which, however, may vary in effectiveness depending on the type of precedent. In the specific case of the IRDR, although it has binding effectiveness within the Judiciary (horizontal and vertical), by express legal determination (art. 927, III, of the Civil Procedure Code), this effectiveness could not extend to regulatory agencies considering an analysis of law as integrity. Therefore, it is necessary to confer to § 2o of art. 985, of the Civil Procedure Code, an interpretation according to the Constitution and, by corollary, consider its effectiveness persuasive only.
A realização de negócios jurídicos processuais pela fazenda pública como instrumento de efetivação do interesse público
(Centro Universitário do Estado do Pará, 2019-06-24) Passos, Amanda Ferreira dos; Silva, Michel Ferro e; Bonna, Alexandre Pereira
This work examines the possibility of making “negócios juridicos processuais” by the Public Administration. Starting from the primacy of public interest principle, it goes to the matter of the “negócios jurídicos materiais” in order to create a parameter to the analysis of the “negócios jurídicos processuais” as the Civil Procedures Code treats it in the 1973 as in the 2015 editions. At last, a specific examination is made due to prove that the Public Administration could use the “negócios jurídicos processuais” while litigating even though there are some kinds of it that does not apply to the Public Administration. The identification of the species of “negócios jurídicos processuais” that does not apply to the Public Administration is possible after an interpretation of the Brazil´s law system as a whole. The conclusion answers the research main question asserting that the making of “negócios jurídicos processuais” by the Public Administration could even be a powerful instrument to assure the public interest .