Navegando por Assunto "Neoprocessualismo"

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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)
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.