Programa de Pós-Graduação em Direito - PPGD/ICJ

URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/3417

O Programa de Pós-Graduação em Direito (PPGD) iniciou suas atividades em 1984 e integra o Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA), que, por sua vez, se originou da Faculdade Livre de Direito do Pará, uma das mais antigas do país, fundada em 1902.

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Agora exibindo 1 - 11 de 11

Acesso aberto (Open Access)
Conceitos jurídicos indeterminados e o novo código de processo civil: normas de textura aberta e parâmetros da discricionariedade judicial
(Universidade Federal do Pará, 2015-10-09) PINHEIRO NETO, Pedro Bentes; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The paper discusses legal indeterminacy in the new civil procedure law, contributing towards a comprehension of the open standards texture. To do so, we will analyze neoprocessualism as a new methodology of studying civil procedure law. We used theoretical framework as positivist authors to disclose the meaning of the legal indeterminacy, reaching a practical technique to application in a case law. The research involves the study of application, interpretation and judicial discretion. By the end, some parameters for limited using of judicial discretion.
Acesso aberto (Open Access)
O convencimento judicial e a valoração probatória
(Universidade Federal do Pará, 2013) CROELHAS, Clívia Renata Loureiro; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This dissertation aims to analyze how the judges work with respect evaluates evidence in the civil suit, precisely in regard to judicial conviction, and how this convictions are exposed in decisions motivation. In this way, preliminarily studied a bit about the institute of proof, and then arrive in a discussion about the change of paradigm caused by the influence of Fundamental Rights emanating from Federal Constitution 1988 in the Brasilian law, and so explain about the existents evaluates models of the proofs, and their ability to eliminate judicial discretion, forward the current complexity of the demands put on trial. Started to look for assistance in compared doctrine for institutes that can be transported to the usual national practice, and complement argumentation, and necessary motivation motivates so that the correct standard of proof could give rise to a conviction court properly motivated, which makes the ideal democratic state.
Acesso aberto (Open Access)
Desastre ambientais: proteção da dignidade por meio do modelo processual diálogo-cooperativo
(Universidade Federal do Pará, 2017-06-02) MOREIRA, Denis Gleyce Pinto; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The present dissertation proposes to study the essential conditions to guarantee the protection of human and ecological dignity through cooperation in judicial processes that treat with environmental disasters. Two important aspects stand out in this study: the context of increasing quantity and intensity of environmental disasters worldwide and the new dialogue-cooperative model of civil procedure adopted by the Code of Civil Procedure of 2015. Therefore, we will study the society of disasters and the advent of the Socio-environmental State of Law. The dissertation will demonstrate the difference between the types of procedural models and the multidirectional evolution of law that theoretically structured the dialogic-cooperative model, with emphasis on Robert Alexy's legal argument theory and Edgar Morin's theory of complex thought. Finally, the study will address the criticisms and challenges of this new procedural model and what are the essential conditions for its success, especially in collective environmental actions. The objective is to identify and examine the appropriate conditions to ensure the protection of human and ecological dignity through cooperation in judicial processes dealing with environmental disasters, bringing to the debate an approach not only theoretical but with practical propositions from what has been discussed.
Acesso aberto (Open Access)
A efetividade da tutela jurisdicional coletiva no combate ao dumping social nas relações de trabalho
(Universidade Federal do Pará, 2017-06-02) LEÃO, Semírames de Cássia Lopes; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
This study aims to analyze the phenomenon of social dumping in labor relations and its harmful social effects, proposing the use of collective judicial protection as a superior way and qualified to the appropriate treatment of the question. In pursuit of the indicated objective, the methodology used will be the qualitative analysis of real cases and the bibliographic research. Therefore, initially, three class actions will be presented to point and illustrate the legal institute and its practical consequences, from a labor law perspective, examining relevant doctrine and jurisprudence. Then, will be demonstrated the lesivity of the social damages practiced in the Democratic State of Law and under the dictates of social justice, arguing for the defense of an ethical model of socioeconomic development, that propitiates the realization of fundamental rights and the state reprimand. For this purpose, the theory of Amartya Sen and the post-positivist current are important as ratifying contributions of equality ideal pursued. Finally, judicial activity will be defended as a concretizing instrument of rights and propitiator of human development, through the superiority of the collective process, as an effective tool to produce results and real contribution to overcoming social dumping.
Acesso aberto (Open Access)
A jurisdição contemporânea e a aplicabilidade do direito à saúde no sistema jurídico processual brasileiro
(Universidade Federal do Pará, 2012) REIS, Beatriz Ferreira dos; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The present work aims to make theoretical approach on the institution of judicial jurisdiction in the realization of the right to health. To address both the influence of the democratic principle and the value of justice in the construction of a contemporary concept of process and delineation of its purposes. Assuming that the Constitution elevates the dignity of human beings to the level of principle founding of the Republic, will be held the right to health as essential to a dignified existence. The following recognize the double dimension of the right to health - formal and material - will be completed by their justiciability. Performing will be a discussion of the influence of the constitutional principles of justice in the construction of a modern concept of jurisdiction, the jurisdiction recognizing a duty to enforce the law in the dimension of fundamental rights, always making the purchase of substantial amounts contained therein. Highlighting the essence of the adversarial to the achievement of the constitutional promise of access to justice, will conduct an analysis of the procedural aspects of the effectiveness of the legal right to health.
Acesso aberto (Open Access)
Legitimidade ativa na ação civil pública: um modelo independente de acesso judicial para a tutela de direitos fundamentais
(Universidade Federal do Pará, 2009-08-14) FREITAS, Marlene Rodrigues Medeiros; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The advancement of science and technology in societies in development makes born a diversity of interests whose satisfaction is to be subject to risk prevention and the restoration of damage caused eventually by mass production, environmental pollution, degradation of nature, public services deficit, and others who may to sacrifice the company's present and future generations. The Brazilian Constitution of 1988 guarantees rights and set duties, individuals and collectives, for the realization of the Democratic State of Law, establishing mechanisms and procedures for the judicialization of the collective conflicts and public civil action, governed by the law n.7.347/85 is one of legal instruments of access to Justice with the goal to ensure the protection of fundamental rights can be used by different entities, public and private. Being the Public Ministry the institution which has the power to represent the company and defend the legal order, to its must be ensured sufficient autonomy to pursue the public civil action as a legitimated common. On respect the civil associations representatives of groups and communities in the defense of fundamental rights must be waived the requirement of time defined of its constitution to enter into legal proceedings, as stipulated in Paragraph 4 of art. 5 of these law, because the restriction reduces the scope of the fundamental principle of access to justice. Moreover, should be ensured to the citizen the active title on the public civil action in defense of fundamental social rights, since which is the citizen the representative to demand protection for life worthy of all men.
Acesso aberto (Open Access)
A legitimidade extraordinária ativa negocial na tutela coletiva
(Universidade Federal do Pará, 2021-11-17) VIEIRA, Debora da Silva; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
This research aims to rethink the institute of active legitimacy in collective process, questioning the possibility of procedural negotiation about active legitimacy in collective tutelage. It is a theme that seeks to investigate the eagerness pursued by the current Brazilian procedural system: the capacity for collaboration of all procedural subjects, including those who may become through procedural conventions. For the development of the research, the active legitimacy is critically located in the general theory of process, aiming to demonstrate the need for a dynamic and contemporary perspective on the institute. This is a necessary premise for the assertion that the general clause on atypical procedural agreements, provided for in art. 190 of the CPC, combined with the wording change of the term "law" to "legal order" in art. 18 of the Code, allows for a procedural agreement that deals with active legitimacy, including in collective process. Considering this context, as well as the guidelines regarding atypical procedural agreements, we seek to create the support to test the central hypothesis placed in this research, which refers to the possibility of atypical procedural agreement on the active legtimacy, in such a way that does not directly imply the expansion of the legal list of legitimate assets, but only the interpretation of law. This is a hypothesis to be confirmed, not exactly due to the doctrinal and legal interpretation of the legal order, but mainly because the conflicts settled in the context of collectives processes demand a collaborative attitude of the subjects involved endo and extra-procedurally, so that it is understood that the collective process reached a stage of maturity capable of revisiting its basic institutes, in this case, legitimacy. The aim is, therefore, to shed contemporary light on active legitimacy, based on the study of atypical procedural agreements.
Acesso aberto (Open Access)
O processo coletivo e o desafio da litigância massificada
(Universidade Federal do Pará, 2016-07-21) VALENTE, Bruno Araújo Soares; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The paper, starting from an overview of the impact that the intense social changes in recent decades (which led significant current sociologists and philosophers to identify the emergence of a new paradigm, named of postmodernity) resulted on the legal reality, focuses its analysis on one of them, namely, the repetitive or mass litigation, defending the use of so-called collective process as the most appropriate instrument to face the challenges that arise. To this end, it seeks to demonstrate, as theoretical premises, which are the system and principle concepts more consistent with the current stage of development of the science of law. Then, after setting the basic contours of the notion of collective process with which to work, going to study the theoretical and practical aspects of mass litigation phenomenon and, finally, demonstrate the reasons why the collective process is the best way to processing, even not being the path taken by national legislation and jurisprudence.
Acesso aberto (Open Access)
Revisitando a legitimidade ativa "ad causam" do processo coletivo: o pensamento sistemático aberto fundando novos horizontes para a atuação do indivíduo membro do grupo
(Universidade Federal do Pará, 2016-07-21) SOUSA, Brahim Bitar de; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The Brazilian Procedural Science is experiencing a time of deep changes in the role of jurisdiction and legal protection models of the various rights and interests, individual and collective ones. In this scenario, this study has the main purpose to analyze the admissibility model of collective process, precisely the question of active legitimacy for the proposition and conduction of Class Actions in order to investigate more efficient and justified perspectives for the adequate provision of collective protection. In this regard, will be objected the current statement of provocative inability of the individual to the development of judicial activity in the collective way, guided by the hypothesis that this peremptory denial of active legitimacy is a legal dogmatic error linked to a classical conception of system, while a conception of system based on openness (on the Canaris's model) allows a judgment that includes the class member among the legitimated subjects to the collective process in general, ensuring greater effectiveness and giving prestige to the legal principles that guide collective protection.
Acesso aberto (Open Access)
Town Meeting: em busca da liberdade social no processo coletivo
(Universidade Federal do Pará, 2018-12-13) PEREIRA, Luana Rochelly Miranda Lima; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This work has as fundamental axes the values of justice and freedom, applied to the collective process. It aims at analyzing the process standard elected and developed in Brazil, with its repercussions on the collective process, seeking an alternative line for the enforcement of justice through social freedom. In this way, it discusses the possibility of the Town Meeting’s standard being a concretizing instrument of social freedom in the collective process. In order to do, it talks about the problem of ineffectiveness of the collective process in Brazil is analyzed through a critical analysis. It adopts the typology used by Edilson Vitorelli as a way of beginning to overcome this problem. Based on freedom, Axel Honneth’s understanding of social freedom is understood to be applicable to the collective process through the development of the Town Meeting standard, which brings to the process those involved, giving an active voice to the formation of the will in a democratic way. Methodologically, a bibliographical review and use of the deductive and inductive method will be carried out.
Acesso aberto (Open Access)
O tribunal deve manter a sua jurisprudência íntegra, e agora?: a integridade dos precedentes como garantia do direito fundamental de acesso à justiça a partir do Supremo Tribunal Federal
(Universidade Federal do Pará, 2022-08-23) HOMCI, Arthur Laércio; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
The objective of the present study is to answer the following question: can the obligation of the jurisprudence integrity attributed to Brazilian courts may contribute to the guarantee of the fundamental right of access to justice? The central hypothesis of the research is that one of the elements able to guarantee the fundamental right of access to justice is the performance of the Brazilian courts from the observance of the integrity of their jurisprudence, according to the precedental jurisdiction that is long for in Brazil. The research is justified, as we still lack an investigation that applies the legal value of integrity as a possible solution to the problems of our community regarding access to justice. To reach the general objective, four chapters are elaborated, each one corresponding to a specific objective of study. In the first chapter, we demonstrate how the precedent movement is happening in Brazilian law, stating that our tradition, historically more identified with the civil law tradition, does not constitute an impediment for this movement, but imposes several challenges to the consolidation of law in a precedent perspective. In the second chapter, we expose how the Brazilian normative system is regulating the application of binding precedents, especially from the 2015 CPC, passing by some basic concepts of the precedent theory, and we analyze how society participates in the formation of binding precedents. In the third chapter, we investigate the role of integrity in this scenario, we seek to justify the insertion of the expression “integrity jurisprudence” in the wording of article 926 of the Civil Procedure Code, and we sustain that Ronald Dworkin's theory of law as integrity can be a form of interpreting the meaning of this expression and its importance to our legal system. In the last chapter, we established two objectives: to expose the faces of access to justice in contemporary jurisdiction, and to assess whether the Federal Supreme Court, particularly in trials involving issues related to access to justice, considers the principle of integrity as a relevant value to our legal system. In conclusion, we discourse how the Supreme Court practice should be a relevant guide to the performance of all Brazilian judges and courts. The research transits among deductive methods, from the bibliographic analysis of the authors studied, and inductive methods, based on the analysis of the STF precedents and its concrete application. The objective of the methodology used is to accomplish a scientific research, seeking in the theory of law, in the theory of precedents and in practical experiences, the answers to the presented problem.

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