Especialização em Direito Processual Civil

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Browsing Especialização em Direito Processual Civil by Author "http://lattes.cnpq.br"

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    A atuação das serventias extrajudiciais como instrumento para desjudicialização da execução civil no ordenamento jurídico brasileiro
    (Universidade Católica do Salvador, 2021-05-30) Moreira, Nathalia Lutterbach Pires; Paradela, André Sigiliano; http://lattes.cnpq.br
    This monograph deals with the performance of extrajudicial services as an instrument to dejudicialize civil enforcement in the Brazilian legal system, analyzing the Civil Procedure Code, Bill No. 6.204 / 2019, articles, monographs and master's dissertations and doctoral theses about that theme. The research problem revolves around the following question: it is possible to combat the crisis of the non-enforcement of the creditor's right in civil execution and the slowness in which the state jurisdiction is plunged from the judicialization of civil execution in Brazil through extrajudicial services? The present research is justified, considering that the dejudicialization of civil execution is an instrument for effecting the reasonable duration of the process. Thus, the objective was to carry out an analysis and critical reading in relation to the arguments made by some Brazilian scholars, such as Flávia Pereira and Flávia Hill, comparing with the model adopted in other countries, such as Portugal, Spain and France. The research is qualitative for an approach, using a deductive method: from the doctrine, articles and legislation, the understandings regarding the referred theme will be analyzed. In the end, it was concluded that the advantages of this model outweigh its weaknesses, since some of the consequences are a greater efficiency in the executive process and the consequent release of the Judiciary from the dejudicialization of civil execution through extrajudicial services.
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    Audiência de conciliação nos juizados especiais cíveis: aspectos positivos e controversos
    (Universidade Católica do Salvador, 2021-04-27) Lobo, Marília Gabriella Coutinho; Sérgio, Vitor Hugo Zimmer; http://lattes.cnpq.br
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    Contraditório participativo institucional no processo coletivo: a atuação do amicus curiae e a realização de audiências públicas
    (Universidade Católica do Salvador, 2021-05-01) Oliveira, Anna Paula Sandes de; Oliveira, Jadson Correia de; http://lattes.cnpq.br
    Based on the current leading role of the judicial function and the growing tendency of judicial decisions affect people or groups who do not participate directly in the judicial process, this research investigated the Institutional Participatory Contradictory in the Class Actions. The questioning that direct this study considered how the participation of the amicus curiae and the holding of public hearings in the Class Actions concretize an institutional participatory contradictory; or if the aforementioned instruments reinforce the idea of an contraditory only as a right of defense, with its exercise reduced to procedural parts. It stood out, therefore, the participation of the amicus curiae and the holding of public hearings as instruments capable of ensure social legitimacy of judicial decisions, because they potentialize ample participation and democratization of the decision-making process in a democratic jurisdiction, expanding and pluralizing conducts that concretize the principle of contradictory in Class Actions. Bibliographic research and data collection were carried out at the Court of Justice of Bahia to identify the current stage of evolution of collective protection of rights, and of understanding and exercise of the principle of contradictory in the judicial process. The analysis of the data allowed, among others, the conclusion that, although there is a legislative concern with the disclosure of the existence of Class Actions, as well as with the forms of participation in this procedure, the participation rate of amicus curiae and the holding of public hearings are still low in this Court. In addition, beside to legislative changes, it was observed that there is also a need for a change in the collective conscience, both from the perspective of the operators of law and of the jurisdictional ones, in order to reach an institutional participatory contradictory in Class Actions, through the participation of groups involved.
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    A (des)necessidade da participação do juiz acerca das convenções processuais em matéria probatória
    (Universidade Católica do Salvador, 2021-05-13) Mata, Tamara Valéria Melo dos Santos da; Paradela, André Sigiliano; http://lattes.cnpq.br
    This is a scientific research of the Post-Graduation in Civil Procedural Law by UCSAL, in which the need for the judge's participation on procedural conventions in evidential matters is analyzed. According to the cooperative nature of the Civil Procedural Code of 2015, especially with regard to procedural legal affairs, there was an expansion of the parties' private autonomy with the inclusion of the general self-ruling clause. Thus, a doctrinal debate arose as to the procedural agreements in the matter of evidence, as there is a conflict when the interests of the judge-state and that of private autonomy are made compatible. Thus, it will be analyzed whether there is a preponderance of the evidential conventions in face of the magistrate's instructive powers, making the judicial function unnecessary, or not. Thus, in a brief study on procedural conventions in evidential matters, the need arises for a debate on the limitation of instructive powers and the link of the magistrate to the convention performed by the parties. The work was carried out with a wide bibliographic review and analysis of the doctrinal interpretations on the theme.
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    O dever de fundamentação das decisões e sua aplicação no âmbito dos juizados especiais
    (Universidade Católica do Salvador, 2021-05-14) Cerqueira, Izabel Batista; Oliveira, Jadson Correia de; http://lattes.cnpq.br
    The Federal Constitution provides in its art. 93, item IX the guarantee that all decisions must be substantiated under penalty of nullity. Such guarantee started to be regulated in a specific way by the Civil Procedure Code in its paragraph 1 of art. 489, which highlighted which decisions are not considered reasoned. However, even though the 2015 CPC has instrumentalized the duty to state reasons, within the scope of the Special Courts, several problems persist regarding the application of §1 of art. 489 under the justification that contradicts the principles that guide the systematic of the special courts and that the special law subsists the general law. Notwithstanding the resistance regarding the application of an exhausted reasoning in the special courts, there is still, art. 46 of Law 9099/95 which allows Class Appeals to deliver an decision maintaining the sentence in all its terms, that is, allowing the delivery of an agreement without efficient reasoning. In this sense, the problem arises as to the duty to state reasons within the scope of special courts, in the sense of concluding whether § 1 of art. 489 of the Code of Civil Procedure in supplement to Law 9099/95. In order to solve the problem raised, through the analysis of the relationship between the principle of reasoning and some other constitutional principles, especially the principle of the double degree of jurisdiction and the standardization of that principle over time, understanding do Fonaje and the Special Courts of the State of Bahia, explain the grounds for which §1 of art. 489 of the Code of Civil Procedure applies to special courts, as well as that for the effective exercise of due legal process and the constitutional guarantee of the reasoning of decisions it is essential that all decisions are duly substantiated, including those given in the Special Courts, once that the simplicity and low legal complexity required in the courts refers to the demand, that is, the cause of asking and the request, and not the quality of the judicial decision that resolves this dispute.
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    A (in)validade do negócio jurídico processual para afastar medida de prisão civil do devedor de alimentos
    (Universidade Católica do Salvador, 2021-05-01) Rocha, Luciano Galvão; Carvalho Filho, João Francisco Liberato de Mattos; http://lattes.cnpq.br
    The article focuses on the atypical procedural legal business, provided for in art. 190 of the 2015 Code of Civil Procedure. This provision has two requirements that enable the parties to conclude the deal in order to modify certain characteristics of the process so that it suits the specifics of the specific case. In contrast, the right to food has a number of peculiarities that make such rights unavailable, that is, they are norms with an imposing content. Then, in analysis of art. 190 of CPC / 2015, of the principiological basis of family law, mainly of the right to food, and of the general rules on enforcement, as well as those specific to the actions of enforcement of food, in force in the country, this article intends to investigate whether it is valid the procedural legal business in order to remove the civil imprisonment measure from the maintenance debtor.