Navegando por Assunto "Direito processual"

Agora exibindo 1 - 3 de 3

Acesso aberto (Open Access)
Parâmetros de aplicação da boa-fé objetiva no sistema processual civil brasileiro
(Universidade Federal do Pará, 2013-02-07) LEVY, Karine de Aquino Câmara; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291
This study aims to examine the application of objective good faith under the Brazilian civil procedural law. To do so, demonstrate, primarily, that the observance of good faith in its objective feature is not restricted to civil diploma materials, especially form the objective good faith an ethical value basis in constitutional law, spreading therefore throughout the Brazilian legal system, including the legal relationships procedural. Moreover, it will verify that the objective good faith is expressed in the Brazilian Code of Civil Procedure, which provides for duties of loyalty and cooperation among all subjects of the process, which, however, is not sufficient for its realization in the process, necessitating the application of preventive and repressive measures for its observance. In this vein, it is shown the important role of the Judiciary in conducting the process in order to adapt it to the peculiarities of the case, according to social morality, seeing mainly a fair decision. Thus, the context in which it develops good faith is the Neoprocessualism, where the process is seen as an instrument for achieving good faith, morality, honesty and loyalty, representing a symbiosis between the ethical values and legal principles in the pursuit of realizing the right material.
Acesso aberto (Open Access)
Precedentes no direito brasileiro: uma análise crítica sobre a utilização do “distinguishing” no Supremo Tribunal Federal
(Universidade Federal do Pará, 2013) GARCIA, André Luis Bitar de Lima; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291
The paper discusses judicial precedents in the Brazilian reality, to contribute to a better understanding of the distinguishing through the analysis of cases the Federal Supreme Court. The Brazilian system needs the force of precedent, especially given our control of constitutionality, the presence of open procedural clauses and of content of the principle of equality. However, we emphasize that the implementation of stare decisis in Brazil will not occur automatically, either via legislative imposition. From the contrast of two general theories of precedent (as previous rule Frederick Schauer principle and precedent as Ronald Dworkin), we discuss two decisions of the Federal Supreme Court, in order to establish criteria for the use of the technique of distinguishing. In the research, the precedents are considered principles, with space for a possible distinction and for the protection of fundamental rights. The theory of law chosen to support the conclusions of the study wasth at of Ronald Dworkin.
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.