Mestrado em Direito Processual
URI Permanente para esta coleção
Nível: Mestrado Acadêmico
Ano de início: 2006
Conceito atual na CAPES: 4
Ato normativo:
Homologado pelo CNE (Port. MEC 946 de 29/11/2021). Publicado no DOU 30/11/2021, seç. 1, p. 63. Parecer CNE/CES nº 499/2017.
Periodicidade de seleção: Semestral
Área(s) de concentração: Justiça, Processo e Constituição
Url do curso: https://direito.ufes.br/pt-br/pos-graduacao/PPGDIR/detalhes-do-curso?id=1512
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Submissões Recentes
- ItemO comportamento das partes e do juiz numa perspectiva de processo e justiça : uma análise dos autos criminais em processos envolvendo mulheres em Vitória-ES entre 1871 e 1921(Universidade Federal do Espírito Santo, 2025-11-10) Schultz, Claudinei; Campos, Adriana Pereira ; https://orcid.org/0000-0002-2563-4021; http://lattes.cnpq.br/1013756650302841; https://orcid.org/0009-0009-5295-7342; http://lattes.cnpq.br/7525483282343691; Moschen, Valesca Raizer Borges ; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Ferreira, Ricardo Alexandre ; https://orcid.org/0000-0002-6243-0968; http://lattes.cnpq.br/6899226322073487The scope of this research consists, in all its extension, in a gender discussion. The analysis of procedural legal institutions, their evolution, and application from the beginning of the research, although it may seem purely legalistic, has always been interconnected with discussions related to gender issues. Your object, as could not be different, was cut out so that it could be examined how individuals of different genders behaved in the boundaries of criminal procedure, using as sources of Public Archive of the State of Espírito Santo, Series of Inquiries from the Police Fund, whose time frames comprised the period from 1871 to 1921, a truly extensive and intense period, filled with social transformations that reflected changes in the legal paradigm. The analysis of criminal records was then directed toward cases involving Crimes of Wounding and Physical Offenses (terminology from the Criminal Code of 1830), and later, with the edition of the Penal Code of 1890, Bodily Injuries, examining the records in which women were victims or defendants, contrasting the treatment given to the parties by state authorities, whether men or women, making up the main objective of identifying the form, premises and development of women's relationships with the criminal process, in the period between 1871 and 1921 in the district of Vitória-ES. In a process in which there was always a woman, but with a majority of men, mainly perpetrators of the aggressions and in all cases in the position of State employees this research revealed that the criminal process was composed not only of state judges officially appointed but also involved a double judgment for women: a procedural judgment, which was believed to be unaffected by gender, and a moral judgment, silent, almost imperceptible, imposed not only by those responsible for judging but by all involved in the process, including women themselves, who unconsciously accepted subjugation, even though their behaviors challenged the invisible code of conduct that society of that time imposed on them
- ItemO controle adequado dos negócios jurídicos processuais atípicos nos litígios individuais : a função social do contrato como parâmetro de validade aferível mediante contraditório cooperativo(Universidade Federal do Espírito Santo, 2025-10-21) Frigi, Larissa Lung; Zaneti Júnior, Hermes ; https://orcid.org/0000-0001-6461-6742; http://lattes.cnpq.br/5343355826023519; https://orcid.org/0000-0002-4094-4028; http://lattes.cnpq.br/9541334520928229; Gonçalves, Tiago Figueiredo ; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Vinhas, Tiago Cação ; https://orcid.org/0000-0003-0894-4092; http://lattes.cnpq.br/5661106353237640; Nogueira, Pedro Henrique Pedrosa ; https://orcid.org/0000-0002-0439-994X; http://lattes.cnpq.br/2653053464099196This research investigates the dogmatic context of atypical procedural legal agreements, focusing on strategic dialogue with substantive civil law, particularly with the general theory of legal agreements and the general theory of contracts. The aim is to harmonize the effectiveness and efficiency of the voluntary procedural flexibility provided by Article 190 of the 2015 Code of Civil Procedure with the preservation of constitutional procedural guarantees in individual disputes. This depends on a new parameter and a new method for controlling the validity of atypical procedural legal agreements. The results indicate that this parameter is the social function of the contract and that it should be assessed through cooperative adversarial proceedings. The method used involves critical analysis and discussion of doctrinal positions regarding the issues at hand, as well as analysis of civil procedural and substantive civil legislation and doctrine, in order to systematize the dogma surrounding atypical procedural legal agreements, the applicable validity control parameters, and the most appropriate means of implementing such control
- ItemOralidade, duplo grau de jurisdição e o reexame em segundo grau das questões de fato(Universidade Federal do Espírito Santo, 2015-08-25) Menezes, Pedro Henrique da Silva; Rabelo, Manoel Alves; http://lattes.cnpq.br/3981020561512412 ; https://orcid.org/0009-0006-6870-2123; http://lattes.cnpq.br/2938980228848142 ; Jorge, Flavio Cheim; http://lattes.cnpq.br/9984015724596759 ; Gonçalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578This dissertation examines the relationship between orality and the double degree of jurisdiction in Brazilian Civil Procedure, focusing on the possibility of reviewing factual issues by the second-instance court. The analysis begins with the investigation of the principle of orality, its origins, foundations, and consolidation as a structural element of modern procedural systems. Then, it analyzes the double degree of jurisdiction from historical, comparative, and national perspectives, seeking to understand how, by virtue of the devolutive effect of appeals, the judicial system transfers full knowledge of the case from one level to another without discrediting the cognitive activity performed by the trial judge. The study adopts the legal-dogmatic method, with historical and comparative approaches, to discuss the normative nature of orality and the double degree of jurisdiction—whether they are rules or principles—and how such classification affects the possibility of restricting or suppressing these institutes by legislative action. The analysis covers the Brazilian Codes of Civil Procedure of 1939, 1973, and 2015, demonstrating that the apparent conflict between orality and the double degree of jurisdiction is resolved by understanding their complementary functions: orality, as a means of bringing the judge closer to the evidence; and the double degree, as a mechanism of control and improvement of judicial decisions. It concludes that the harmony between both principles is consistent with the contemporary Brazilian procedural model, in which the right to evidence and the right to appellate review coexist as fundamental guarantees of a fair and effective process.
- ItemA dificuldade na superação de precedentes em razão da restrição de admissibilidade prevista pelo art. 1.030 do CPC/15 com a redação dada pela Lei 13.256/2016(Universidade Federal do Espírito Santo, 2025-05-27) Giuberti, Douglas Puziol; Jeveaux, Geovany Cardoso ; https://orcid.org/0000-0003-1835-6737; http://lattes.cnpq.br/0864752123654928; https://orcid.org/0009-0000-1305-8816; http://lattes.cnpq.br/0152170292981614; Dias, Ricardo Gueiros Bernardes ; https://orcid.org/0000-0003-1917-5284; http://lattes.cnpq.br/7071302456614853; Freire Júnior, Américo Bedê ; https://orcid.org/0000-0003-0128-8790; http://lattes.cnpq.br/0136827472164962This master dissertation examines the difficulty of overcoming binding precedents within the Brazilian legal system due to the restriction imposed by Article 1.030 of the Code of Civil Procedure of 2015, as amended by Law No. 13.256/2016. The research begins with a comparative analysis between the classical doctrine of stare decisis, characteristic of common law countries, and the normative precedent model adopted by the 2015 CPC. It then explores the tension between jurisprudential stability and flexibility, the possible dynamics of precedent overruling (and its variations), and the theoretical grounds that justify such revision. The core focus lies in the procedural barrier created by the denial of follow-up by local courts to extraordinary appeals that challenge binding precedents, as well as in the procedural limits and strategies available to litigants to trigger the revision of the applied thesis, thus enabling access to the superior courts and the reopening of the legal debate surrounding the precedent. The study questions whether this model of admissibility is compatible with the integrity of a precedent-based system and with the principles of legal certainty, protection of legitimate expectations, and access to justice—especially in light of the constitutional jurisdiction conferred upon the Federal Supreme Court and the Superior Court of Justice to ensure the uniform interpretation of constitutional and infraconstitutional law in Brazil
- ItemAcesso à justiça e tutela previdenciária(Universidade Federal do Espírito Santo, 2025-05-28) Lima, Raphaela Fernanda Cruz de Sousa; Zaneti Junior, Hermes; https://orcid.org/0000-0001-6461-6742; http://lattes.cnpq.br/5343355826023519; https://orcid.org/0009-0004-0650-3669; http://lattes.cnpq.br/2182826254940087; Rocha, Cláudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; Siqueira, Thiago Ferreira; http://lattes.cnpq.br/1377110680976833; Maia, Maurílio Casas; https://orcid.org/0000-0001-8945-0101; http://lattes.cnpq.br/2943453195405530This research investigates access to justice within the Brazilian social security system, focusing on the requirement of prior administrative request as a condition for initiating lawsuits against the INSS. It analyzes the impact of this requirement on vulnerable individuals, in light of Supreme Federal Court (STF) Topic 350, and its effects on effective access to justice. The methodology includes literature review, document analysis, and an empirical study of the judicialization of social security claims. The study examines the influence of Mauro Cappelletti and Bryant Garth's renovatory waves on access to justice in Brazil, with an emphasis on the third wave, and compares this approach with the requirement of the INSS administrative phase, established in Extraordinary Appeal 631.240/MG. The research evaluates whether this procedural condition facilitates or obstructs access to justice, particularly for the most vulnerable. The analysis of Extraordinary Appeal 631.240/MG, in light of the theory of precedents, explores its ratio decidendi and the chain of subsequent rulings in the STF and STJ. It also investigates whether the INSS administrative phase can be an instrument for implementing social security rights or if it represents an obstacle to the realization of social rights. The results indicate that, although the administrative requirement aims at dejudicialization and system rationalization, it has created significant barriers to access to justice, particularly for vulnerable individuals. The research proposes interpretative alternatives to make this administrative phase more flexible, based on the theory of precedents and the principle of protection for the vulnerable, in order to ensure effective access to justice.