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.
Navegar
Navegando Programa de Pós-Graduação em Direito - PPGD/ICJ por Assunto "Ação coletiva (Processo civil)"
Agora exibindo 1 - 4 de 4
- Resultados por página
- Opções de Ordenação
Item Acesso aberto (Open Access) Danos em massa e os punitive damages(Universidade Federal do Pará, 2015-03-04) BONNA, Alexandre Pereira; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324A rereading of the punitive damages institute is proposed from the perspective of its interface situated between the collective action and the mass damages. It is examined whether the indemnity that arises out of the punitive damage should be handled in a context of collective or individual actions, aiming to satisfactorily answer which of the aforementioned ways is the most suitable, by taking an analysis based on the comparative method, sustained by two factors: the right to proof of the relevant facts to characterize the punitive damages and measuring the degree of reprehensibility of the conduct and the economic theory of punitive damages on the discouragement, based on the theory Polinsky and Shavell. A research is performed assuming that the punitive damages has a place is Brazilian’s legal system based on the theory of law as integrity from Ronald Dworkin, nevertheless, the outline of the punitive damages are searched in the North American Juridical experience as a theoretic base for the comparison made with eyes turned to the Brazilian case. An analysis of the precedents of the Supreme Court of the United States is performed and the relevant facts for the punitive damage are adopted based on the interpretation of such Court. The application profile of the punitive damages in the United States and in Brazil are traced, intending to identify the weak elements in the national legal practice. The requisite of the superiority of the collective actions seen in the North-American experience is brought to Brazilian Law from the perspective of the interest to act and the effectiveness of the process. The meaning of the superiority test is deepened based on the test that exists in the North-American experience with the class actions, which is used in the task to determine if the rights at stake are able of being collectively judged in the context of the class action for individual damages, in other words, the superiority is a requisite for the processing of a class action, implying that the magistrate must evaluate whether the class action is superior to other available proceedings, in terms of justice and efficiency of the decision. Examines the superiority of collective protection for the right proof of the relevant facts to the impact of punitive damages and assessing the degree of reprehensibility of conduct. Assesses the superiority of collective protection under the paper disincentive situated in economic fundamentals of punitive damages. The conceptualization of mass damages is adopted, allocated in the scope of procedural law. It is concluded that when facing individual mass damages produced in a large scale, the most suitable way of obtaining an adequate level of dissuasion and reprehend the behavior of the offender is to make use of the collective action, the same way that the collective actions have proved to be superior because of the legitimacy that lies on the right to evidence of the relevant facts in order to characterize the incidence of the punitive damages and assess the degree of reprehensibility of the conduct.Item 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/1305423832262115The 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.Item 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/1305423832262115The 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.Item 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/1305423832262115The 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.