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
- ItemDecisões parciais de mérito e decisões parciais sobre questões de mérito no código de processo civil de 2015(Universidade Federal do Espírito Santo, 2025-05-12) Ramos, Alexandre de Oliveira Miranda; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833; https://orcid.org/0009-0006-9027-9771; http://lattes.cnpq.br/7158061497123455; Gonçalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Barcellos, Daniela Silva Fontoura de; https://orcid.org/0000-0002-5795-9250; http://lattes.cnpq.br/8553580356547143This thesis investigates partial judgments on the merits as conceived by the legislature in Brazil’s 2015 Code of Civil Procedure, with particular emphasis on Articles 354 and 356 of the Codex. It addresses the general assumptions, the specific requirements for the application of this procedural technique, and the procedural stages in which it may be employed. Furthermore, the study seeks to highlight the legal repercussions of fragmenting the adjudication of the merits into distinct judicial rulings, particularly with regard to other institutes of procedural law, such as appeals, the formation of res judicata, actions for relief from judgment, and the enforcement of judgments. Under the 1973 Code of Civil Procedure, despite ongoing doctrinal and jurisprudential debate, the prevailing understanding was that the Code adhered to the dogma of the unity or structural indivisibility of the judgment, thereby precluding the fragmentation of the merits’ adjudication throughout the course of the proceedings. The 2015 Code of Civil Procedure, in contrast, expressly allows for the adjudication of the merits to be rendered in parts during the procedural flow. In this context, through a qualitative approach grounded in a literature review of legal literature and judicial precedents, the thesis aims to systematize the assumptions, requirements, and legal consequences associated with the adoption of partial judgments on the merits. Finally, the research also addresses aspects related to issues of merit: how they may be identified in the pleadings, how their resolution unfolds during the course of the proceedings, whether they allow for segmented resolution throughout the process, and the legal consequences arising therefrom. This research aligns with Research Line 2 of the UFES Graduate Program in Law (PPGDIR/UFES): Procedure, Techniques, and the Protection of Existential and Patrimonial Rights, insofar as it examines the technique of partial adjudication of the merits and its implications for the procedural legal order, as a tool aimed at enhancing the effectiveness of judicial protection of patrimonial and existential rights. It is hoped that, through this study, the use of this technique will be more broadly disseminated within the legal community, particularly in the field of civil litigation.
- ItemO uso de inteligências artificiais no sistema brasileiro de precedentes: dilemas e limites ético-jurídicos.(Universidade Federal do Espírito Santo, 2025-01-01) Kirmes, Loianny Silva; Jeveaux, Geovany Cardoso; https://orcid.org/0000-0003-1835-6737; http://lattes.cnpq.br/0864752123654928; https://orcid.org/0000-0002-0946-2952; http://lattes.cnpq.br/3171745173460623; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Junquilho, Tainá Aguiar; https://orcid.org/0000-0001-8638-0670; http://lattes.cnpq.br/5848504606151120Law is deeply integrated to technology in the context of the Fourth Industrial Revolution. Every day, technological devices are used by the Judiciary and have a direct impact on procedural law, particularly artificial intelligence. At the same time, the judicial system is overloaded with numerous cases that prevent a reasonable amount of time to solve problems. In this sense, this research aims to analyze how this tool can be used in the judicial system to make decisions more effective and stable, without violating fundamental principles, which is the problem identified. To address this, this work suggested that fundamental procedural institutes be reinterpreted to adapt to the technological scenario. The doctrine of precedents was also explored, so that the objectives of stare decisis could be understood, as well as how the technological tools already used by the Superior Courts strengthen precedents. Finally, for the purpose of this research, the deductive method and bibliographic research were used, using theoretical references from national and foreign origin
- ItemO Supremo Tribunal de Justiça e a formação da jurisprudência processual criminal no Brasil imperial (1829-1841)(Universidade Federal do Espírito Santo, 2025-01-01) Carlete, Juliana Barbosa; Campos, Adriana Pereira; https://orcid.org/0000-0002-2563-4021; http://lattes.cnpq.br/1013756650302841; https://orcid.org/0009-0006-5155-2085; http://lattes.cnpq.br/7072086923373304; Cabral, Trícia Navarro Xavier; https://orcid.org/0000-0002-0302-2972; http://lattes.cnpq.br/; Acosta, Carlos Antonio Carriga; https://orcid.org/0000-0003-2543-6938; http://lattes.cnpq.br/9506230466953639This dissertation analyzes the performance of the Brazilian Supreme Court between 1829 and 1841, focusing on the formation of criminal procedural jurisprudence in Imperial Brazil. The research investigates the legal admissibility criteria of the review appeal - manifest nullity and notorious injustice. The study is based on the hypothesis that the Supreme Court of Justice played a significant role in consolidating a national legal system, while also assessing whether such legal grounds were effectively observed in the rulings or rhetorically mobilized to support the subjective positions of the justices, detached from strict legal reasoning. An empirical methodology is adopted, based on content analysis of 969 decisions issued by the Court during the defined period. Initially, a historical mapping of the institutional influences that shaped the model of the Brazilian Supreme Court is conducted, highlighting the Portuguese “Casa da Suplicação” and the French “Cour de Cassation”. Subsequently, a statistical analysis of the Court's case law is developed. Finally, Laurence Bardin’s content analysis method is applied to examine the legal reasoning employed in the decisions, with special attention to the interpretation of the concepts of manifest nullity and notorious injustice, which serve as admissibility requirements for the review appeal. The study reveals that, despite the absence of precise legal definitions for these concepts, the Supreme Court of Justice developed interpretative practices that brought relative stability to its jurisprudence. Thus, it was found that, during the analyzed period, the Court operated both as a body of legal control and as an agent of unification of the imperial judicial system. In this context, the research offers an original contribution to the history of Brazilian criminal procedural justice by systematizing and interpreting the functioning of a court still largely unexplored by legal historiography, shedding light on the structural aspects of 19th-century legal culture and the institutionalization of criminal procedural law in Brazil
- ItemTutela inibitória coletiva como instrumento adequado à proteção dos direitos da pessoa com deficiência no ambiente de trabalho(Universidade Federal do Espírito Santo, 2025-05-16) Bridi, Mateus Garcia; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; https://orcid.org/0009-0009-7798-6641; http://lattes.cnpq.br/8279033371024843; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Santos, Edilton Meireles de Oliveira; https://orcid.org/0000-0002-9312-6854; http://lattes.cnpq.br/6602550613140098; Pereira, Ricardo José Macedo de Britto; https://orcid.org/0000-0003-4510-8894; http://lattes.cnpq.br/5151649835128510Object: this research analyzes, from the perspective of the collective rights protection system, the use of inhibitory injuction as an appropriate tool for safeguarding the rights of people with disabilities in the workplace. Problematic: the use of injuctions that lack a preventive nature in the protection of transindividual rights proves to be ineffective, especially because they do not prevent the occurrence or recurrence of unlawful acts. Problem: how can the procedural instruments of inhibitory injuction make the rights of people with disabilities in the workplace more effective? Methodology: the methodology consists of a qualitative documentary analysis of legal literature, the Code of Civil Procedure, the Consolidation of Labor Laws, the Consumer Defense Code, the Public Civil Action Law, and LOMPU, as well as some rulings from the Superior Labor Court throughout the research. The study starts from major premises considered true, submitting them to minor premises, to logically demonstrate how inhibitory injuction can be more suitable for protecting the rights of people with disabilities in the work environment. Results: collective inhibitory remedies have procedural techniques that can be more suitable for the protection of transindividual rights, especially when compared to compensatory remedies. Contributions: the research revealed that to fully enable people with disabilities to access the workplace, it is necessary to use remedies with a preventive nature. The study also shows that the techniques present specifically in inhibitory injuction provides the claimant and the judge with the means to adopt necessary measures to correct and eliminate accessibility barriers, thus providing a suitable and healthy work environment. From a procedural perspective, it encourages and fosters a greater scenario for the use of inhibitory injuction by judges as a tool to achieve more effective protection. From a doctrinal perspective, it stimulates discussion on the protection of transindividual rights and how to protect them more adequately and effectively, as well as presents an imperative scenario regarding the rights of people with disabilities in the workplace. From a social perspective, it allows judicial rulings to meet the needs of people with disabilities in exercising their constitutional rights to citizenship and access to the work environment. Research line: This research is part of Line 1 of the Graduate Program in Procedural Law at the Federal University of Espírito Santo (PPGDIR-UFES): “Justice Systems, Constitutionality, and Protection of Individual and Collective Rights.”
- ItemA mediação como técnica adequada para tratamento de conflitos envolvendo o direito comercial marítimo no Brasil(Universidade Federal do Espírito Santo, 2025-05-20) Silva, Flora Gaspar da; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; https://orcid.org/0000-0003-1579-3376; http://lattes.cnpq.br/5696240113026788; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; Calabuig, Rosario Espinosa; All, Paula Maria; https://orcid.org/0009-0005-2166-4257This research, conducted within the Master's Program in Procedural Law at UFES, investigates mediation as an appropriate method for resolving conflicts in Brazilian maritime commercial law. Maritime trade, vital to the global economy, handles billions of tons of cargo annually, generating numerous disputes that require swift and efficient solutions. In Brazil, however, judicialization and arbitration—costly and time-consuming methods—still predominate. The central issue is to understand how mediation is applied in this context, identify the most suitable disputes—such as chartering contracts and demurrage—and assess the impact of the Singapore Convention, which ensures the enforceability of transnational agreements, on its consolidation. The study is grounded in the premise that mediation is ideal for resolving cross-border commercial disputes but faces resistance due to a preference for traditional methods like litigation and arbitration. It is posited that the Convention may enhance its adoption by providing legal certainty. The general objective is to analyze the feasibility and challenges of mediation in the maritime sector, while specific objectives include characterizing maritime law, comparing conflict resolution methods, and exploring operators' perceptions through empirical research. The methodology integrates qualitative analysis, with bibliographic and normative reviews, and quantitative analysis, through a questionnaire (CAAE 78818624.9.0000.5542) using a Likert scale, applied to maritime law practitioners. The results, combining statistics and reflections, aim to identify mediable disputes, favorable factors, and obstacles, as well as evaluate the role of the Singapore Convention, signed by Brazil in 2021, in promoting mediation, thereby offering a framework for strengthening access to justice in the maritime sector. Ultimately, the research seeks to demonstrate that mediation, despite its promise of speed and preservation of commercial relationships, remains underutilized due to cultural, normative, and other barriers that will be examined.