Direito

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http://repositorio.ufes.br/handle/10/17545

Programa de Pós-Graduação em Direito Processual

Centro: CCJE
Telefone: (27) 4009 7723
URL do programa: http://www.direito.ufes.br/pt-br/pos-graduacao/PPGDIR

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A 'fase de saneamento e organização' no processo de estrutura cooperativo-democrática
(Universidade Federal do Espírito Santo, 2015-07-03) Sant'Anna, Igor Pinheiro de; Mazzei, Rodrigo Reis; Zaneti Júnior, Hermes; Gonçalves, Tiago Figueiredo
This research aim to analyze the judicial sanitation phase of the process and its organization as a mechanism to enforce parties to participate on court’s decisions. Nowadays, the judicial system experiences the theoretical framework of formalism and evaluative, where the process itself is the methodological pole of the procedural science, strengthening it as a stage with three different actors. It is assumed that a democratic model of procedures is required to ensure the effective participation of the parties along the formation of the court’s decision. Moreover, the research dismembers the three main activities developed during the sanitation phase of the process: the conciliation attempt proclaimed by the judge; the correction of procedural defects added by the decisions regarding any other issues related to procedural disputes; and, at last, the organization of the probative instruction phase, with the proper fixing of the disputed issues. At the end, the research will conclude if the sanitation part of the process is the best moment to develop the judicial dialogue; and if it is possible to reach a fair decision in a reasonable time with the judicial dialog with the effective participation of the parties.
A (im)penhorabilidade dos fundos partidário e eleitoral: interpretação do art. 833, XI, do CPC
(Universidade Federal do Espírito Santo, 2023-09-06) Moreira, Camila Batista; Siqueira, Thiago Ferreira; http://lattes.cnpq.br/1377110680976833; https://orcid.org/; http://lattes.cnpq.br/9770925004914823; Minami, Marcos Youji; Rodrigues, Marcelo Abelha; http://lattes.cnpq.br/9016704359432294; Jorge, Flavio Cheim; http://lattes.cnpq.br/9984015724596759
The proposed theme of the work aims to discuss the patrimonial responsibility of political parties in order to analyze the application, scope, relativization or flexibility of the non-seizability described in art. 833, item XI, of the Code of Civil Procedure (nonseizability of the party fund), especially after the creation of the electoral fund, which transformed mixed campaign financing in Brazil into predominantly public funding. The research seeks to answer the following questions: which values of the Parties can be the object of expropriation by creditors and interested parties who aim to receive debts? If the Parties do not have private funds, is it possible to make the party fund nonseizability more flexible? In which contexts? Should the special fund also be declared unseizable like the party fund? Through the deductive method of investigation, we seek to understand the peculiarities of the patrimonial responsibility of political parties. As a delimitation of the proposed theme, the main core of the research is the objective dimension of patrimonial responsibility, that is, it is limited to the analysis of which values can be expropriated. Therefore, the theme is approached in an evolutionary way and the dissertation was divided into three chapters. The first, in an introductory way, aims to address general concepts of electoral law, such as political parties, candidates, federations, coalitions, together with political financing in Brazil. The second chapter aims to study the general part of patrimonial responsibility and the regime of non-seizability. The third chapter deals specifically with the current context of party debts and the executions in which the parties are submitted, both in the scope of the Common Justice and in the scope of the Specialized Electoral Justice, specifically analyzing the non-seizability of party funds and electoral fund, in order to facilitate the receipt of amounts from political parties by creditors. Therefore, the area of concentration Process, Techniques and Protection of Existential and Patrimonial Rights of the Graduate Program in Procedural Law of the Federal University of Espírito Santo.
A (in)tangibilidade da coisa julgada perante decisão de inconstitucionalidade : uma análise do parágrafo 15 do artigo 525 do Código de Processo Civil
(Universidade Federal do Espírito Santo, 2017-06-02) Lyra, João Paulo Barbosa; Moussallem, Tárek Moysés; Jeveaux, Geovany Cardoso; Lins, Robson Maia
The main goal of this dissertation is to analyze the compatibility of paragraph 15 of Article 525 of the Code of Civil Procedure with the Brazilian Legal Order. From the theoretical model of logico-semantic constructivism, Law is understood as a set of rule of laws and cultural object constituent by its own realities by means of deontic speech act. To each production of legal norm there is a new legal system in a certain time. Legal security safeguards legal facts that occur in each of the legal system , ensuring the maintenance of the legal relationships created by Law. In order to protect the Federal Constitution, the constituent created forms of constitutionality control which will be proceeded either in a diffuse way, or in a concentrated way, not having hierarch between these two forms. From this perspective, the concept of res judicata is set from its normative structure as well as fundamental right guaranteed by the Federal Constitution of 1988. This theoretical and legislative panorama support the conclusion by the unconstitutionality of the provision in the Code of Civil Procedure of 2015.
A ampliação do colegiado em caso de divergência : o art. 942 do CPC/2015
(Universidade Federal do Espírito Santo, 2019-06-19) Borges, Carolina Biazatti; Siqueira, Thiago Ferreira; Jorge, Flávio Cheim; Cunha, Leonardo José Ribeiro Coutinho Beraldo Carneiro da; Rodrigues, Marcelo Abelha
To appeals is traditionally assigned part of the responsibility for the slowness of the Judiciary. Despite the lack of empirical data showing that the “embargos infringentes” were not responsible, not even remotely, for causing the delay in the relief, the legislator of the Code of Civil Procedure of 2015 suppressed the appeal and stablished in the article 942 a judgement technique that preserves its essence. The Brazilian procedural system appreciates the courts’ collegiality and, therefore, this technique plays an important role in the procedure of some civil appeals and actions: it is applied when divergence happens, which is the expected climax of a plural entity. Thus, the present research proposes the analysis of the technique of extension of the joint committee in case of divergence from its most remote origin to its legal forecast, providing a dialogue between the reality of the legal text and the forensic practice in the daily life of the courts. After presenting the history of the “embargos infringentes” in the Brazilian legislation, the study aims to: 1) analyze how was the legislative process until the conclusion of the current text of the art. 942 of CCP/2015; 2) identify the legal nature of the rule; 3) make reflections about its purpose, benefit and importance for the process and for the parties; 4) reflect on its relation to the principle of the natural judge; 5) establish the matter to be analyzed by the judges of the extended joint committee; 6) analyze the hypotheses of incidence and non-incidence of the technique; 7) analyze other relevant and/or controversial issues involving the incidence of the technique. In order to carry out the research, bibliographical and jurisprudential research was made, and the deductive method was used based on isonomy within the civil procedure system inaugurated by the CCP/2015. The study is bound to the research line "Process, techniques and protection of existential and patrimonial rights" of the Master Program in Procedural Law of the Universidade Federal do Espírito Santo.
A aplicação do forum non conveniens no ordenamento jurídico brasileiro no âmbito dos conflitos transnacionais
(Universidade Federal do Espírito Santo, 2022-04-08) Saar, Isabela de Araujo; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Rocha, Thiago Gonçalves Paluma; Gonçalves, Tiago Figueiredo; http://lattes.cnpq.br/5320780300394578; All, Paula Maria
The present work is the result of the contributions of the research group "International Law and the Labyrinth of the Codification of International Civil Procedural Law - CNPq", inserted in the concentration area "Justice, Process and Constitution" and in the research line "Process, Constitutionality and Guardianship of Existential and Patrimonial Rights” of the Master's Degree in Procedural Law at UFES. This research has as its central hypothesis the analysis of the application of forum non conveniens in transnational conflicts presented to the Brazilian State. Through the deductive method of investigation, we seek to understand the forum non conveniens as a mechanism that allows the judge, in a discretionary way, to decline his jurisdiction due to the existence of another more suitable forum for processing the demand. Sometimes, the use of the institute intends to avoid abuses of rights in the choice of forum for filing a lawsuit by the author. However, the application of the doctrine is also evaluated in cases where, in the absence of abusiveness, it appears that the action will be judged more effectively and adequately in another forum, either because of the existence of greater elements of connection with the case, or for the ease in obtaining evidence, hearing witnesses and/or complying with the sentence. With this, the foundations, concepts and purposes will be demonstrated, as well as the techniques adopted by comparative law for the use of the institute. The process of harmonizing Private International Law and the bilateral, regional and multilateral instruments on the subject are also studied, including the European conventions and the Hague Conference, including the proposal for a Convention on jurisdiction discussed in the Organization in the last decades, the ALI/UNIDROIT and ELI/UNIDROIT instruments, as well as the TRANSJUS principles of ASADIP. The bases of international jurisdiction and the limits of Brazilian jurisdiction will also be explored, followed by Brazilian jurisprudence on the subject. Finally, the principles that authorize the adoption of the institute will be addressed in transnational conflicts that are presented to the Brazilian State, such as due process, access to justice, adequate competence and procedural efficiency. In the end, the work proposes objective criteria for the application of the doctrine in Brazil.
A aplicação interativa de técnicas processuais para o adequado tratamento das situações de crise patrimonial: as interfaces entre o procedimento de recuperação judicial e o procedimento da lei do superendividamento
(Universidade Federal do Espírito Santo, 2023-08-25) Coser, Joana Vivacqua Leal Teixeira de Siqueira; Mazzei, Rodrigo Reis; https://orcid.org/0000-0003-0745-0461; http://lattes.cnpq.br/9840880011538012; https://orcid.org/0000-0002-3607-5050; http://lattes.cnpq.br/3824386984199583; Goncalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Santos, Thiago Rodovalho dos; https://orcid.org/0000-0002-5402-7335; http://lattes.cnpq.br/5142974418646979
This dissertation aimed to identify procedural techniques of judicial recovery procedures and the Over-indebtedness Law, and the interfaces between those special procedures, from the point of view of compatibility and efficiency. This object is closely linked to Justice, Process and Constitution PPGDIR’s concentration area and Process, Techniques and Protection of Existential and Patrimonial Rights line of research, insofar as the process is analyzed in the light of contemporary constitutionalism, based on the constitutional values and principles that guide it, in search of the realization of the protection of rights and scope of Justice. The starting point was the problem of the existing dichotomy between the systems of bankruptcy and judicial recovery of the company and the system of insolvency of the natural person, which was recently modified with the Law of Over-indebtedness, in order to find out if the interactive application of procedural techniques between the judicial recovery procedures and the Over-indebtedness Law is feasible, with a view to the adequate treatment of the debtor's asset crisis and the creation of a greater coherence system. The objective of the investigation was to demonstrate the possibility of transporting techniques between procedures aimed at reorganizing liabilities and restructuring the debtor, in a free transit, under the light of compatibility and efficiency. For that, it was based on the methodological rupture of the current civil procedural law, marked by procedural flexibility and atypicality that make possible the displacement and adaptation of procedural techniques. For the research, different legislations that institute systems of debt restructuring and debtor reorganization were analyzed, as well as systematized special techniques arranged therein, in order to finally identify techniques that could be exported or imported and applied interactively. It was concluded that it is not only viable, but also positive, the interactive application of procedural techniques between judicial recovery procedures and the Over-indebtedness Law, in a two-way street, regardless of the existence of regulatory gaps, as long as they are compatible and efficient, an interaction that can also take place in relation to other procedures that establish a creditor contest.
A arbitragem de litígios envolvendo entes públicos como tendência do processo civil contemporâneo
(Universidade Federal do Espírito Santo, 2011-05-13) Fernandes, Jeane Santos Bernardino; Moschen ,Valesca Raizer Borges; Rodrigues, Marcelo Abelha; Lemes, Selma Maria Ferreira
This essay opens up about the unpretentious attempt to tack marks doctrine and jurisprudence on the use of arbitration in domestic and international commercial contracts, aiming to operate a critical analysis of the weights that advocate the barriers to adoption of private methods of conflict resolution arising under state contract. Dissent befallen the spontaneous fulfillment of government contracts, it is imperative to help the resolution of the dispute mechanisms. Considering the crisis of credibility of the judiciary, delays in proceedings, and often, lack of understanding of the specificities and peculiarities of contracting this work dissertational promotes the defense of arbitration to the demarcation dispute had in the achievement of such contracts. It should proceed to investigate the views, trends and prospects of resolving conflicts in property contracts signed by state and parastatal entities nationally and internationally, giving rise to an analysis of vestibular problems extracted from there. The key point to be faced erects itself on the strength of traditional doctrine accepting the arbitration of domestic and international commercial arbitration for the intended scope, the ground affront to constitutional principles and attachments normative legal ruling. Aiming debug prints retrograde and unthinking assertions, it should be brought to light perception renewals and compliance internationalist issue for the debate on the national scene will conform to the current situation. The work goes through, respectively: a) the baseline concept of arbitration and the institutes of public procurement in its arrangements, b) analysis of the shortcomings of the judiciary as one of the reasons for the adoption of arbitration and the impact of new limits on the elimination of dissent in public procurement through non-judicial, treat, yet c) the failure plexus rules at national level as a cause enough to opt for alternatives to the current state interference in order to conclude by the powerless of arbitration; d) harmonization of laws you want, without necessary changes in the embargo regulations elementary developed so far. This thirst lauds the study of brief notes about some of the hotspots of choice for domestic arbitration and international commercial contracts in public, stressing the dissonance of doctrine and jurisprudence on the subject in focus.
A ata notarial e o processo
(Universidade Federal do Espírito Santo, 2013-05-24) Antar, Natália Bastos Bechepeche; Rabelo, Manoel Alves; Brandelli, Leonardo; Mazzei, Rodrigo Reis
A autocomposição em processos tributários
(Universidade Federal do Espírito Santo, 2017-05-31) Lois, Eduardo Casseb; Dias, Ricardo Gueiros Bernardes; Madureira, Claudio Penedo; Ferreira Neto, Osly da Silva
The work proposes to approach, initially, the evolution of the concept of legality. Based upon this, it discusses the flexible nature of the aplicationof the Law, in the contemporary era and the need to build uniformed legal interpretations,assessing the importance of Public Advocacy assignments: legal consulting, judicial and extrajudicial proceedings, as well as legal internal control of the administrative acting. At this point, it addresses the impact of the new Civil Procedure Code, which adopted the “multidoors system” and normatized a paradigm change in the resolution of conflicts, demonstrating the need to reduce litigation and encourage self-composition. Therefore, it demonstrates the evolution of the concept of public interest and faces the problem of its indisponibility.Thus, it is necessary to examine the available methods to public lawyers to promote the referred disposition of rights and interests, specifically analyzing the institutes of transaction and composition, specifically in the Tax Law. This evaluation aims at searching, after the confirmation of the lack of effectiveness of the current model, to demonstrate that the application of the referred institutes of self-composition as tools of the concretion of the principles of social pacification, supremacy of public interest and legality is imperious. Furthermore, there is the express adoption, by the Civil Procedure Code, of the stare decisis (precedents) theory, whose duty to observe was legally enacted with the goal to guarantee integrity, coherence and stability of the legal system. In the end, it brings the conclusion that the institutes of composition and transaction in Tax Law mustbe improved. The first by specific legislation and the second through an attitude change in the Public Administration, which is prohibited to litigate in nonconformity with the legal system.
A autodeterminação quilombola na suprema corte brasileira : uma análise do processo judicial da ação direta de inconstitucionalidade n.° 3.239
(Universidade Federal do Espírito Santo, 2018-05-03) Muniz, Lucas Pacif do Prado; Silva, Sandro José da; Pompeu, Júlio César; Vincenzi, Brunela Vieira de; Francischetto, Gilsilene Passon Picoretti; Ribeiro Júnior, Humberto
The objective is to describe the trajectory of institutionalization of the right of collective selfdetermination of quilombolas peoples in the Brazilian Law through the judicial process. The intention is demonstrate how this right foreseen in Convention n.º 169 of International Labor Organization, in force in Brazil, was seized by the agents of the legal field who acted in the process: on the one side as a right incompatible with the Constitution of 1988 and other internal legislation and, on the other side, as a legal resource capable of influencing the attribution of the normative sense of art. 68 of the Transitory Constitutional Provisions Act that provides for the territorial right of the remaining quilombo communities. The object of analysis that results in this dissertation is the direct action of unconstitutionality nº. 3.239 in ambit of the Federal Supreme Court, where the request is filed for the declaration of unconstitutionality of Decree n.º 4.887/2003, which establishes the procedures for identification, recognition, demarcation and titling of quilombos. It is a case study in which the electronic media of the judicial process were analyzed through the reading of legal pieces and visualization of the plenary sessions, with the recording and organization of the information obtained. The attention focus falls on the alleged material unconstitutionality of the contested decree, directly related to the right of self-determination of the remnants. During the study, it was found that the judicial process, for approximately 15 years, became an arena of symbolic struggles for the legitimate consecration of the conceptual definition of quilombo, an object opened since the resumption of debates, at the time promulgation of the 1988 Constitution, about which would be recipients of art. 68. There was a confrontation of two conceptual paradigms: one with a colonial basement established by the 1740 legislation and the other contemporary, elaborated by the Brazilian Anthropology Association in 1994. It was concluded that the Court legitimized the anthropological concept of quilombo and built the normative meaning of the right of self-determination of quilombola peoples, institutionalizing based in the elements self-definition, ethnicity and territoriality. With this, it established conditions for the effective access to territory to the remaining communities, as provided for in the 1988 Constitutional Charter.
A boa-fé objetiva no processo civil : a teoria dos modelos de Miguel Reale aplicada à jurisprudência brasileira contemporânea
(Universidade Federal do Espírito Santo, 2008-08-15) Santos, Leide Maria Gonçalves; Lima Neto, Francisco Vieira; Zaneti Júnior, Hermes; Vincenzi, Brunela Vieira de
Lo scopo principale di questo lavoro è quello di presentare la buona fede oggettiva come paradigma reggente dei rapporti intersoggettivi nel campo del Diritto Processuale Civile dimostrando il superamento dell’ applicazione rigorosa delle tecniche processuali dall’influso dei valori sociali, politici e culturali. La nuova sfumatura impressa dalla buona fede oggettiva nel campo del Diritto Processuale Civile stabilisce un modello oggettivo di condotta sociale segnato dalla lealtà e dalla probità che impera come standard giuridico per tutti coloro che partecipano del rapporto giuridico processuale. Le garanzie costituzionali processuali, espressione dello Stato Democratico di Diritto, sono ottimizzate attraverso le regole stabilite dalla buona fede oggettiva come norme che regolano la dialetticità del contraddittorio segnato dalla cooperazione leale e proba. La buona fede oggettiva, come causola generale effettivata nell’art. 14, inciso II del Codice di procedura civile, irradisce il suo costrutto in tutti gli espettri del Processo civile attraverso i modelli giuridici costruiti dalla giurisprudenza con l’uso della Topica, portando un nuovo raggio di luce per il raggiungimento dell’effettività della prestazione della tutela giurisdizionale.
A cláusula de eleição de foro nos contratos internacionais de transferência de tecnologia envolvendo patentes : limites da jurisdição internacional
(Universidade Federal do Espírito Santo, 2012-06-01) Vasconcellos, Júlia Fiorin de; Moschen, Valesca Raizer Borges; Jeveuax, Geovany Cardoso; Jimenez, Martha Lucía Olivar
It is not recent the increase in international trading, and it is also not recent that technological development and intellectual property have been receiving a prominent place as the true feature differentiating countries and companies. Such international context justifies the analysis of choice-of-court clauses in international industrial property agreement, specifically the clauses indication the competent jurisdiction to hear inevitable disputes. This thesis aims to examine the jurisdiction clauses in the international technology transfer agreements involving patents, due to the uncertainty that arises from this theme, and also the few studies written in Brazil and overseas regarding the subject. It has been identified that industrial property generates innumerous doubts when considering public policies and national sovereignty, particularly because they have to be registered with the competent authorities of each States, and because there is usually an invalidity claim related with such cases. To this end, an outline was established for nonexclusive competence in the Brazilian’s legal system, and its main repercussions in the national jurisprudence, primarily to analyze the compatibility of the choice-of-court clauses in international technology transfer agreements involving patents with the current and expected to be future Brazilian Civil Procedure Code. Registration, validity and contractual infringement issues were raised, together with the solutions proposed by the Hague Convention of June 30, 2005 on Choice of Court Agreements, as they may be incorporated to the Brazilian legal system to respond more objectively to the issues relating to jurisdiction choices
A coisa julgada e os seus limites objetivos no Código de Processo Civil de 2015
(Universidade Federal do Espírito Santo, 2016-06-20) Gama, João Felipe Calmon Nogueira da; Jorge, Flávio Cheim; Moussallem, Tárek Moysés; Brasil Junior, Samuel Meira
A coisa julgada no código de processo civil de 2015 : premissas, conceitos, momento de formação e suportes fáticos
(Universidade Federal do Espírito Santo, 2016-06-30) Senra, Alexandre; Mazzei, Rodrigo Reis; Mourão, Luiz Eduardo Ribeiro; Nogueira, Pedro Henrique Pedrosa
The research deals with the res judicata in the Civil Procedure Code of 2015 (CPC/15), from a normative perspective. It is divided basically into two parts. In the first part, are exposed the author's premises. The legal phenomenon is examined, according the theory of legal fact, in the level of general theory of law. The language of positive law is differentiated from the language of science of law, based on three criteria: hierarchy, type and function. Words, concepts and definitions are distinguished from each other and articulated. The second part develops the theme (res judicata). After examining the main concepts of res judicata developted and used by the doctrine and making a first confrontation between them and the CPC/15, the concepts of res judicata that the author considers useful to the understanding of the matter, as regulated by CPC/15, as designed and defined. Then, the attention is turned to the Constitution, so that the constitutional limits for the legislative activity on the subject are verified, prior to a deeper examination of the rules inside the CPC/15. After that, it analyzes the initial moment of res judicata in various situations. Finally, the longest chapter examines the types of legal facts that produce the legal effect res judicata. They are analyzed from three categories, which the author calls: "res judicata on main issues", "res judicata on procedural matters" and "res judicata on incidental prejudicial questions."
A competência dos tribunais de contas para a concessão de medidas de natureza provisória : uma reflexão sobre seus limites
(Universidade Federal do Espírito Santo, 2017-06-14) Franco, Elisangela Fabres; Jorge, Flávio Cheim; Rabelo, Manoel Alves; Pedra, Anderson Sant’Ana
In the Brazilian constitutional system, the Court of Auditors performs the duties of control of direct and indirect public administration. From an analysis of the constitutional text in the light of its fundamental principles and of the republican democratic institutional context, this work examines the extent of control exercised by the Courts of Auditors in Brazil, in a scenario where the search for efficiency in the public officials' conduct is a constitutional requirement. In exercising its constitutionally provided competence, the Court may, for example, impose penalties on managers, determine the return of values to the Treasury, declare the unsuitability to contract with public administration, and, in the course of all processes under its jurisdiction, the Court may also issue provisional measures, acting preventively for avoiding potential damage. The investigation of the legal nature of these provisional measures embody the objective of this work, developed from the deductivecomparative method.
A contradição entre as súmulas vinculantes n° 20, 34, 37 e 51 à luz da teoria dos precedentes
(Universidade Federal do Espírito Santo, 2019-05-09) Araujo, Maria Clara Queiroz; Jeveaux, Geovany Cardoso; Dias, Ricardo Gueiros Bernardes; Pedra, Anderson Sant`ana
The present study intends to analyze the incompatibility between the rationes decidendi of Brazilian Supreme Court’s precedents nºs 20, 34 and 51 when compared with the ratio decidendi of the precedent nº 37. Therefore, in the first chapter, it will be fixed the premises of legal understanding, interpretation and application, aiming to define the theoretical basis within philosophical hermeneutics, and to operate the bond with legal hermeneutics in order to obtain subsidies for the analysis of the pointed contradiction. In chapter two, it’s presented the historical evolution of precedents in common law and civil law traditions and its influence on Brazilian law, as well as the characteristics of the precedent system adopted in Brazil, indicating the main concepts (ratio decidendi, obter dictum, stare decisis), the legal obligations of stability, coherence and integrity established in the Brazilian Code of Civil Procedure and the application methods of precedents (distinguishing and overruling) will be examined. In the end, the inconsistency between the rationes decidendi of the indicated Brazilian Supreme Court’s precedents will be looked into under the principles of isonomy and of legal certainty, bringing the analysis of recent Brazilian Supreme Court judgments, with incoherent application or distinguish of the precedents.
A cooperação judiciária nacional e a obtenção conjunta da prova de fato comum : uma alternativa para o tratamento probatório dos direitos individuais homogêneos individualmente postulados
(Universidade Federal do Espírito Santo, 2024-05-29) Moraes, Vinicius Sena Gomes de; Rodrigues, Marcelo Abelha ; https://orcid.org/0000-0002-0849-6843 ; http://lattes.cnpq.br/9016704359432294 ; https://orcid.org/0000-0003-4503-5453 ; http://lattes.cnpq.br/9253079045873712 ; Zaneti Junior, Hermes; https://orcid.org/0000-0001-6461-6742 ; http://lattes.cnpq.br/5343355826023519 ; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234 ; http://lattes.cnpq.br/1377110680976833 ; Zufelato, Camilo; https://orcid.org/0000-0003-0816-3464 ; http://lattes.cnpq.br/3975939347414439
With the enactment of the 2015 Code of Civil Procedure, new hypotheses of judicial cooperation aimed at judicial management and the efficiency of administrative and jurisdictional activities were regulated, expressly providing for the possibility of concertation between jurisdictional bodies for the performance of procedural acts with the aim of obtaining evidence (item II, § 2 of art. 69), in a movement tending to allow the adaptation of the jurisdiction to optimize its objectives. The purpose of this study is to examine the technique of jointly producing a single piece of evidence of a common fact, designed to grasp the relevant facts at the heart of common issues of fact in individual proceedings linked by homogeneous individual rights, and which, when produced, plays the role of guiding the isonomic and harmonious treatment of homogeneous issues
A cooperação no CPC-2015 : colaboração, comparticipação ou cooperação para o processo?
(Universidade Federal do Espírito Santo, 2018-04-27) Pimenta, Henrique de Souza; Madureira, Claudio Penedo; Zaneti Junior, Hermes; Cabral, Trícia Navarro Xavier
The research is dedicated to the subject of procedural cooperation, in order to examine which procedural subjects are bound by cooperative duties from the cooperative process model inaugurated by the Procedure Civil Code of 2015. It identifies, from a historical perspective, the existence of three models of procedural organization: adversarial, inquisitorial and cooperative. The adversarial model is related to the Liberal State and its central characteristics are the protagonism of the parties in the conduct of the process and the relatively passive position of the judge during the procedural. The inquisitorial model corresponds to the Social State and is marked by the presence of the judge as the main character of the process with a view to finding the "real truth". From its turn, the cooperative model is compatible with the Constitutional Democratic State and organizes the process around a "work community", in which all the procedural subjects contribute, from a dialogic environment, to the formation of the decision of judicial process of fair, timely and effective merit. It notes that the cooperative model find its foundation from the principle of cooperation, which is understood as a principle endowed with normativity to impose a state of affairs, so that, all conduct contrary to the promotion of a cooperative process environment will be considered illegal. It notes that cooperative duties derive from the principle of good faith and imply cooperative behavior for all procedural subjects. It states that the objective of the contemporary process is to safeguard rights in a fair, adequate, timely and compatible manner to fundamental rights, so that all procedural subjects, without exception, must observe cooperative duties. It verifies that cooperative duties are linked to the counterfactual function of the legal phenomenon, so that counterintuitive behaviors will be imposed on procedural subjects, so that all procedural subjects cooperate for the process. It notes that non-compliance with cooperative duties generates sanctions expressly established by law, as well as having the potential to entail a number of procedural disadvantages, such as a default judgment, the preclusion of untimely arguments, a judgment of merit on the grounds of insufficiency of evidence.
A cooperação no CPC-2015: colaboração, comparticipação ou cooperação para o processo?
(Universidade Federal do Espírito Santo, 2018-04-27) Pimenta, Henrique de Souza; Madureira, Claudio Penedo; https://orcid.org/0000-0003-0283-2882; http://lattes.cnpq.br/4199732799442853; https://orcid.org/; http://lattes.cnpq.br/3426484651427204; Zaneti Junior, Hermes; https://orcid.org/0000-0001-6461-6742; http://lattes.cnpq.br/5343355826023519; Cabral, Trícia Navarro Xavier; https://orcid.org/0000-0002-0302-2972; http://lattes.cnpq.br/9520025926109431
The research is dedicated to the subject of procedural cooperation, in order to examine which procedural subjects are bound by cooperative duties from the cooperative process model inaugurated by the Procedure Civil Code of 2015. It identifies, from a historical perspective, the existence of three models of procedural organization: adversarial, inquisitorial and cooperative. The adversarial model is related to the Liberal State and its central characteristics are the protagonism of the parties in the conduct of the process and the relatively passive position of the judge during the procedural. The inquisitorial model corresponds to the Social State and is marked by the presence of the judge as the main character of the process with a view to finding the "real truth". From its turn, the cooperative model is compatible with the Constitutional Democratic State and organizes the process around a "work community", in which all the procedural subjects contribute, from a dialogic environment, to the formation of the decision of judicial process of fair, timely and effective merit. It notes that the cooperative model find its foundation from the principle of cooperation, which is understood as a principle endowed with normativity to impose a state of affairs, so that, all conduct contrary to the promotion of a cooperative process environment will be considered illegal. It notes that cooperative duties derive from the principle of good faith and imply cooperative behavior for all procedural subjects. It states that the objective of the contemporary process is to safeguard rights in a fair, adequate, timely and compatible manner to fundamental rights, so that all procedural subjects, without exception, must observe cooperative duties. It verifies that cooperative duties are linked to the counterfactual function of the legal phenomenon, so that counterintuitive behaviors will be imposed on procedural subjects, so that all procedural subjects cooperate for the process. It notes that non-compliance with cooperative duties generates sanctions expressly established by law, as well as having the potential to entail a number of procedural disadvantages, such as a default judgment, the preclusion of untimely arguments, a judgment of merit on the grounds of insufficiency of evidence.
A cooperação no CPC-2015: colaboração, comparticipação ou cooperação para o processo?
(Universidade Federal do Espírito Santo, 2019-07-04) Moreira, Henrique Zumak; Carvalho, Thiago Fabres de; http://lattes.cnpq.br/3188834949695960; http://lattes.cnpq.br/3138858535947603; Lima, Marcellus Polastri ; http://lattes.cnpq.br/2361443352277256; Dias, Ricardo Gueiros Bernardes; https://orcid.org/0000-0003-1917-5284; http://lattes.cnpq.br/7071302456614853; Sousa, Pedro Ivo de; https://orcid.org/0000-0002-9839-0128; http://lattes.cnpq.br/2833628153356429
The research is dedicated to the subject of procedural cooperation, in order to examine which procedural subjects are bound by cooperative duties from the cooperative process model inaugurated by the Procedure Civil Code of 2015. It identifies, from a historical perspective, the existence of three models of procedural organization: adversarial, inquisitorial and cooperative. The adversarial model is related to the Liberal State and its central characteristics are the protagonism of the parties in the conduct of the process and the relatively passive position of the judge during the procedural. The inquisitorial model corresponds to the Social State and is marked by the presence of the judge as the main character of the process with a view to finding the "real truth". From its turn, the cooperative model is compatible with the Constitutional Democratic State and organizes the process around a "work community", in which all the procedural subjects contribute, from a dialogic environment, to the formation of the decision of judicial process of fair, timely and effective merit. It notes that the cooperative model find its foundation from the principle of cooperation, which is understood as a principle endowed with normativity to impose a state of affairs, so that, all conduct contrary to the promotion of a cooperative process environment will be considered illegal. It notes that cooperative duties derive from the principle of good faith and imply cooperative behavior for all procedural subjects. It states that the objective of the contemporary process is to safeguard rights in a fair, adequate, timely and compatible manner to fundamental rights, so that all procedural subjects, without exception, must observe cooperative duties. It verifies that cooperative duties are linked to the counterfactual function of the legal phenomenon, so that counterintuitive behaviors will be imposed on procedural subjects, so that all procedural subjects cooperate for the process. It notes that non-compliance with cooperative duties generates sanctions expressly established by law, as well as having the potential to entail a number of procedural disadvantages, such as a default judgment, the preclusion of untimely arguments, a judgment of merit on the grounds of insufficiency of evidence.

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