Especialização em Direito Processual Civil

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Acesso à justiça e o abuso do direito de ação
(Universidade Católica do Salvador, 2021-03-30) Jorge, Mayara Vaz Valois Voutinho; Paradela, André Sigiliano
Alienação do imóvel por devedor e a prática de fraude à execução: as interpretações trazidas pelas leis no 13.097/2015 e no 13.105/2015
(Universidade Católica do Salvador, 2021-04-28) Silva, Fabiana Teixeira da; Paradela, André Sigiliano; http://lattes.cnpq.br/
Se trata de un estudio sobre la ocurrencia o no de fraude en la ejecución cuando se vende el inmueble del deudor, lo que puede llevarlo a la insolvencia. Su ámbito principal es el análisis del instituto del fraude a la ejecución en la compraventa de inmuebles y el papel del principio registral de concentración del registro como premisa de la configuración del fraude. También se discutirá la repercusión de la venta de la propiedad del deudor y la vigencia del negocio jurídico cuyo objeto es el activo capaz de garantizar la satisfacción del crédito en un juicio preexistente. Este ensayo traerá una lectura interpretativa y comparativa del instituto del fraude a la aplicación, en el contexto de la CPC / 2015 y la Ley N ° 13.097 / 2015, teniendo en cuenta los posibles puntos de convergencia entre títulos legales, puntos de incompatibilidad o, aún, la muy debatida constitucionalidad de la Ley N ° 13.097/2015.
Uma análise sobre a aplicabilidade das medidas executivas atípicas do Art. 139, IV, do CPC
(Universidade Católica do Salvador, 2021-04-30) Conceição, Maria Clara Vivas; Paradela, André Sigiliano; http://lattes.cnpq.br/
A (anti) juridicidade na revisão dos honorários sucumbênciais através do critério da equidade para sua redução pelos tribunais e pelo STJ
(Universidade Católica do Salvador, 2021-04-30) Freire, Caio Menezes; Sérgio, Vitor Hugo Zimmer; http://lattes.cnpq.br/
This present article has the goal to identify and expose, through reasearch the hypothesis in wich, inside the brazillian law is admitted the revision of the succumbent fees in civil cases is admitted, according to the law, and to the decisions of the Superior Tribunal of Justice.
Aplicabilidade da arbitragem nas causas de família
(Universidade Católica do Salvador, 2021-04-29) Silva, Giselle Oliveira Mathias; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
The present work, has as main objective, the elaboration of a scientific article, based on the method of qualitative and descriptive bibliographic review through books, articles, periodicals and legislation applied to the theme, about the approach of the Brazilian doctrine regarding the application of arbitration family causes, respecting their limitations. Thus, it is of fundamental importance to examine two relevant aspects of the topic addressed, namely: solutions that involve only available patrimonial rights and the participation of the Public Ministry. In view of these limitations, some questions are necessary: What would be the possibility of expanding your object to the so-called unavailable rights, which a priori would not be included in the arbitral scope? What are the consequences of not calling the MP? And finally, what would be the possible advantages and disadvantages of using arbitration as a way of resolving conflict in the area now studied? Therefore, it starts from a more comprehensive study, although synthetic, about alternative means for the solution of conflicts, the applicability of arbitration, bringing its characteristics and advantages in the arbitration process in relation to the state judicial process, of family relations and their conflicts. Therefore, at the end of this article, it will be possible to conclude on the importance of applying arbitration as one of the alternative ways to resolve conflicts in Family Law, thus encompassing the possibility of expanding to the unavailable rights in the resolution of family conflicts and the call of the MP in lawsuits involving minors as occurs in the judicial sphere.
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.
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
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.
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.
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.
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.
O efeito translativo dos recursos extraordinários e a súmula 456, do Supremo Tribunal Federal
(Universidade Católica do Salvador, 2021-09-27) Severo, Bruna dos Santos Galvão; Paradela, André Sigiliano; http://lattes.cnpq.br/
The present scientific article intends to analyze the perspective of what would be the translative effect on Extraordinary Appeal, their appropriateness and impact, under the aspect of the understanding inserted in Precedent 456, of the Federal Supreme Court, after such appeals have been duly admitted. It starts, then, with a hypothetical-deductive logic, in which it is necessary, first, to analyze the role of the Federal Supreme Court; thus, there is a need for pre- questioning matters of public order for the assessment of the admissibility and merits judgment, and the consequent analysis of the effect of the Extraordinary Appeal, under the circumstances of the application of the right to the species. Still, with this, it will be necessary to verify how the legal system has been proceeding on this sensitive issue, which divides understandings between indoctrinators and within the Superior Courts themselves.
O emprego do código de processo civil aos processos estruturais a partir da flexibilização de procedimentos
(Universidade Católica do Salvador, 2021-03-25) Bitencourt, Renata Martins; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
A execução de sentença nos juizados especiais estaduais cíveis e a possibilidade de fixação de honorários advocatícios nas situações de não pagamento voluntário da obrigação
(Universidade Católica do Salvador, 2021-04-30) Campos, Juliana Moreira; Paradela, André Sigiliano; http://lattes.cnpq.br/
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.
Incorporação e aplicação da mediação e conciliação nos Processos de família
(Universidade Católica do Salvador, 2021-04-28) Bispo, Joyce Luane Garcez; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
The present work aims to analyze and discuss the effectiveness of mediation and reconciliation in family processes, thoroughly examining the incorporation of these methods for the effective resolution of parental and family conflicts, highlighting the importance of this tool as a social transformation, having in view of the speed and transparency that result from these actions. It is necessary to mention the way in which the aforementioned theme has gained strength and the importance of this debate within the current social and family framework, as well as the contribution of the law to safeguard the interests of all those involved.
A interpretação do art. 304 do CPC no Superior Tribunal de Justiça – STJ: uma análise das divergências pretorianas sob a ótica da segurança jurídica
(Universidade Católica do Salvador, 2021-04-30) Ribeiro, Giúlia Karine Vasconcelos; Carvalho Filho, João Francisco Liberato de Mattos; http://lattes.cnpq.br/
El estudio en cuestión tuvo como objetivo general analizar el giro jurisprudencial de la Corte Superior de Justicia, cuando la sentencia de REsp 1.760.966⁄SP y REsp 1.797.365 / RS, y sus reflexiones en relación a los deberes generales de los tribunales en el construcción y mantenimiento del sistema de precedentes, así como seguridad jurídica. Por lo tanto, se adoptó un enfoque deductivo, con un tipo de investigación monográfica, a la hora de realizar análisis legislativo, doctrinal y jurisprudencial. Se reveló que este comportamiento oscilante de la jurisprudencia tiende a disminuir la seguridad jurídica y, específicamente tratándose de la sentencia de REsp 1.760.966⁄SP y REsp 1.797.365 / RS, tiende a generar desconfianza y temor sobre su uso; puedendo en futuro, o art. 304 del CPC se convierte en letra muerta.
Mediação judicial na resolução de conflitos familiares: uma abordagem geral
(Universidade Católica do Salvador, 2021-04-28) Pires, Vitória Cerqueira; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/
This article aims to reflect on the application of the mediation institute in order to address conflict resolution within the family from the Civil Procedure Code of 2015, in addition to highlighting how CPC / 2015 stimulated the use of alternative means in solving controversies. Also encompassing criteria and concepts for the implementation of the means of self-composition in the Brazilian legal system, the development of practices to improve the mediation activity, analysis of techniques used in order to heal and the training of the mediator.
As medidas executivas atípicas autorizadas pelo CPC/2015: uma análise acerca da aplicabilidade do instituto e de suas limitações no ordenamento jurídico pátrio
(Universidade Católica do Salvador, 2021-04-30) Moura, Adriano Dias de; Sérgio, Vitor Hugo Zimmer; http://lattes.cnpq.br/
This scientific article has the scope of analyzing the applicability of the atypical executive measures authorized by the Code of Civil Procedure of 2015, and its limitations, considering that the legislative excerpt was promulgated in a way that was too broad. For this reason, the impact of the advent of atypical executive measures is so great that an accurate study of the theme was necessary, especially on limits and effectiveness. Initially, considerations were made about the executive process in Brazil. Then, the preambular premises about the atypicality of the executive means were verified. Soon after, the doctrinal position on the matter was observed. Subsequently, there was the possibility of using jurisprudence and precedent as normative sources for limiting atypical executive measures. Finally, it was investigated which are the most effective atypical executive measures from the perspective of credit satisfaction. To this end, the research was developed through bibliographic and documentary considerations, with critical readings and analyzes being carried out on articles and specialized doctrine, with a view to collecting relevant information on the subject. Through a critical evaluation, the result found was the possibility of using precedent and jurisprudence as guiding pillars for the applicability of atypical executive measures in the national legal system, since such institutes have the ability to fill the legislative omission, which it makes it possible to apply the atypical nature of the executive means, according to each specific situation, protecting the jurisdiction against any arbitrariness that may be perpetrated, and, consequently, culminates in ensuring the legal security of the system.
O negócio jurídico processual como fonte normativa de legitimação extraordinária
(Universidade Católica do Salvador, 2021-04-28) Karam Neto, Antônio Jorge; Paradela, André Sigiliano; http://lattes.cnpq.br/
The objective of this Scientific Article is to contribute to the study and discussion related to the practical effects arising from the alteration promoted by the Code of Civil Procedure of 2015 (Law 13.105 / 2015), with regard to the extraordinary legitimacy “ad causam”, making it possible from the its duration the figure of extraordinary legitimacy of business origin. Initially, dealing with procedural legal affairs, with an explanation of the general notions, species and their requirements for validity. Subsequently, an analysis will be made about the “ad causaum” legitimacy, focusing on extraordinary legitimacy and the changes suffered due to the advent of the Civil Code of 2015. At the end, there is the Procedural Legal Business as a normative source of extraordinary legitimacy, as well as its full viability, both active and passive, taking into account the differences and practical effects, depending on the type of legitimacy that the parties intend with the conclusion of the deal.

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