Navegando por Assunto "Jurisdiction"

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Acesso aberto (Open Access)
Jurisdição: uma percepção a partir das teorias dos conflitos e das teorias das necessidades humanas
(Universidade Federal do Pará, 2023-08-28) SIQUEIRA, João Renato Rodrigues; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
The current judiciary crisis calls into question the purpose of jurisdiction. On the other hand, conflictology studies have demonstrated the relationship between conflicts and needs in identifying and treating them. Given the above, the following question arises: to what extent does the adoption of theories of conflict based on human needs allow for a gradual change in the concept of jurisdiction? To answer this question, the methodology used was of a theoretical nature, with a qualitative approach to the problem, in a descriptive-explanatory way regarding the objectives, with a hypothetical deductive method, a means of experimental investigation and bibliographical research as an investigation technique. The hypothesis of the present work is that adopting human needs as the basis of the conflict and, therefore, elevating its service to the purpose of the jurisdiction implies loading it with a meta-legal content. Still, this being the purpose, there is no prohibition for other entities, in addition to the State, to exercise this function, that is, to meet needs, which does not presuppose the replacement of the subjects, but, on the contrary, can be carried out by the subjects in conflict themselves, even cooperatively. Therefore, for the purposes of this work, jurisdiction is conceptualized as a state or non-state function (I) to manage conflicts, problems and social dissatisfaction (CPIS) (II) through a third party that can act in substitution or in cooperation with the involved subjects (III) to meet human needs (IV).
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.