Browsing by Author "Almeida, Juliana dos Santos"

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    Casamento, união homoafetiva e deveres matrimoniais
    (Universidade Católica do Salvador, 2019-01-24) Almeida, Juliana dos Santos; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br; Barbosa, Camilo de Lelis Colani; http://lattes.cnpq.br; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br
    Homosexuality is a fact of life, competing with the state and the law in a democratic society to ensure the development of the personality of all individuals. The purpose of this study is to analyze the Federal Supreme Court's ADPF No. 132 in light of the principles of Family Law, pointing out its social and legal repercussions. The theme brings new considerations, or even a new perspective for Family Law, as well as the fundamental rights involved. The methodology used in this work is qualitative in nature. The procedures were used as, literary review, documentary analysis. Also, research was done at the CAPES thesis bank, aiming at a better contextualization of the theme. The historical, social, religious and juridical aspects of the present theme were presented, among them, the extension of the matter related to the stable union between persons of different sex and the union between persons of the same sex, constituting as one of the consequences their conversion into marriage, with the silent permission of the Supreme Court. The content of CNJ Resolution No. 175 was observed. The conclusion presents a discussion about the need for a law that will regulate same-sex marriage.
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    Cooperação judiciária nacional: o ato concertado como hipótese de modificação de competência
    (Universidade Católica do Salvador, 2021-04-26) Almeida, Juliana dos Santos; Paradela, André Sigiliano; http://lattes.cnpq.br/
    The national judicial cooperation institute has gained new outlines with the Civil Procedure Code of 2015, which made the subject more important, revealing itself as an instrument capable of contributing to the more efficient and less bureaucratic functioning of the Judiciary in view of the current massive volume. of processes. The objective of the present study is to analyze how judicial cooperation has been gaining strength in the national scenario, especially with regard to the concerted act, which appears as a skillful instrument to enable the modification of competences and to confer greater efficiency and security to the procedural development, pointing out its social and legal repercussions. The theme brings important considerations, not only for Civil Procedural Law, but for the entire Brazilian Legal System. Basic aspects of judicial cooperation were analyzed, especially the possibility of legal procedural deals being reached between the concerting courts, and if the practice of these acts, especially for the modification of jurisdiction, would have procedural feasibility to subsequently analyze their practical manifestations in order to attest to their contribution to greater procedural speed. The conclusion presents a discussion about the need for a greater maturation of the theme, especially with regard to the performance of concerted acts, given that they can serve to provide greater efficiency and legal certainty to the demands in the first instance.