Mestrado em Direito Processual

URI Permanente para esta coleção

http://repositorio.ufes.br/handle/10/17546

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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    A defesa heterotópica na execução de títulos executivos extrajudiciais no processo civil
    (Universidade Federal do Espírito Santo, 2025-05-13) Azevedo, Amanda Segato Machado de; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833; https://orcid.org/0009-0007-3528-8576; http://lattes.cnpq.br/8239900769415151; Gonçalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Costa, Rosalina Moitta Pinto da; https://orcid.org/0000-0002-3673-6912; http://lattes.cnpq.br/5469957203750291
    Object: This research analyzes the autonomous action as a debtor's reaction to an extrajudicial executory title, known as "heterotopic defense," within the scope of civil procedure. It examines the relationships established between the execution, the heterotopic defense, and the motions to stay enforcements, aiming to establish the parameters and requirements of the heterotopic defense for discussing matters of the execution process. Issue: The repercussions of the heterotopic defense regarding the execution of an extrajudicial executory title and the execution-related claims are not yet uniform. This is because there is no specific legal regulation regarding the timing and matters that can be raised in this autonomous action. Its occurrence is only indirectly mentioned in Article 784, § 1, and Article 55, § 2, both of the Brazilian Code of Civil Procedure. Problem: What are the admissibility requirements for the heterotopic defense to discuss matters of the execution process, considering the legal provision for execution-related claims? Methodology: The research comprises a qualitative documentary analysis of legal literature, the Brazilian Codes of Civil Procedure of 1973 and 2015, and judgments from the Superior Court of Justice. To this end, the deductive method was employed, starting from general premises, considered true, towards singular premises, to propose the admissibility requirements for the use of the heterotopic defense. Results: The delimitation of the timing and cognizable matters in the heterotopic defense, in contrast to unoffered execution-related claims, based on Article 784, § 1 of the Code of Civil Procedure. Contributions: The research demonstrates that filing an autonomous action after the deadline for execution-related claims has passed without them being filed, raising defense matters that should have been presented therein, may seem to compromise the purpose of the execution related claims. However, the legislator did not establish execution-related claims as the sole form of defense but merely as one of the avenues, a fact observed in legal literature. Furthermore, it develops a propositional thesis to structure the requirements, encompassing the procedural moment, the content of the allegations, and the connection with the unobjected execution, aiming to provide, at this point, clarity and applicability to Article 784, § 1 of the CPC. From a practical standpoint, the research shows that although execution-related claims are the typical means for the debtor to defend against the execution of an executory title, the debtor is allowed to choose other procedural avenues, albeit with distinct legal consequences for each type of defense. From a social perspective, it contributes to the fair and effective delivery of judicial services, ensuring both the creditor's right to the satisfaction of their claim and the debtor's possibility of challenging an unjust execution, while also providing sanctions for dilatory conduct and conduct inconsistent with the principles of procedural good faith
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    A comunicação direta na subtração internacional de menores: desafios de sua implementação no sistema processual brasileiro
    (Universidade Federal do Espírito Santo, 2025-05-19) Dondone, Isabela Tonon da Costa; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; https://orcid.org/0000-0002-7574-6128; http://lattes.cnpq.br/7390956730691966; Campos, Adriana Pereira; https://orcid.org/0000-0002-2563-4021; http://lattes.cnpq.br/1013756650302841; All, Paula Maria; https://orcid.org/0009-0005-2166-4257
    The purpose of this dissertation is to analyze the implementation of direct communication in international child abduction matters in the Brazilian procedural legal system. Given the various procedural issues in the framework of the 1980 Hague Convention on the Civil Aspects of International Child Abduction and its procedure based on speed and the principle of the best interests of the child, the aim is to answer how the procedural regulatory deficiency impacts or not on the application of Direct Judicial Communication. Therefore, the methodology adopted is deductive-inductive, using bibliographical, jurisprudential and documentary research and, in addition, using two qualitative data collection techniques: forms and interviews. The work is divided into two stages: the first, reflected in the first two chapters, provides a literature review on the subject, developing the foundations of International Legal Cooperation in the Brazilian legal system, as well as studying the International Abduction of Minors and its main procedural issues and, finally, analyzing the use of direct communication. The second part, in the meanwhile, is made up of the collection of a form sent to Brazilian liaison judges, as well as interviews with representatives of the Regional Secretariat for Latin America and the Caribbean of the Hague Conference, and the identification of the main consequences generated by the regulatory deficiency. The research is part of the Justice, Process and Constitution concentration area and the Justice, Constitutionality and Protection of Individual and Collective Rights research line. This dissertation was developed through participation in the Labyrinth of International Civil Procedure Codification Research Group (LABCODEX).
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    Técnicas e instrumentos procedimentais para o tratamento adequado dos conflitos decorrentes da sucessão causa mortis na empresa familiar
    (Universidade Federal do Espírito Santo, 2025-05-14) Carvalho, Fernanda Bissoli Pinho; Mazzei, Rodrigo Reis; https://orcid.org/0000-0003-0745-0461; http://lattes.cnpq.br/9840880011538012; https://orcid.org/0000-0003-2302-6839; http://lattes.cnpq.br/4176262773163775; Gonçalves, 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
    The causa mortis succession in family businesses presents unique challenges that transcend the traditional structures of inheritance law and corporate law, requiring a procedural approach suited to the complexity involved. This research aims to identify and propose effective procedural mechanisms for resolving succession disputes involving corporate shares, especially in the Brazilian context, where informal governance practices and the absence of succession planning tend to aggravate conflicts. Through a theoretical and dogmatic approach—including normative analysis, literature review, and case law survey—this dissertation categorizes the disputes into three axes: conflicts of a personal and psychological nature; disputes related to the provisional administration of corporate holdings; and technical controversies regarding the valuation of the deceased partner’s equity. Based on this systematization, the study proposes solutions grounded in the new procedural management model introduced by the Brazilian Code of Civil Procedure, centered on the idea of a cooperative process shaped by flexibility and adaptability. It is argued that the current procedural system already offers sufficient instruments to address such disputes without the need to create new legal mechanisms, provided they are applied in a coordinated, cooperative, and context-sensitive manner. The study concludes that an adequate jurisdictional response demands a model of procedural management that is attuned to the intersection of family, management, and ownership, thus preserving not only the hereditary estate but also the continuity and stability of the family business.
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    As funções do recurso especial e a natureza jurídica do filtro da relevância: requisito de admissibilidade ou mecanismo de formação de precedentes?
    (Universidade Federal do Espírito Santo, 2025-05-22) Salaroli, Carolina Monteiro; Jorge, Flávio Cheim; https://orcid.org/; http://lattes.cnpq.br/9984015724596759; https://orcid.org/ 0009-0000-0624-8312; http://lattes.cnpq.br/6199963852410159; Côrtes, Osmar Mendes Paixão; https://orcid.org/0000-0003-2237-7493; http://lattes.cnpq.br/0732893752787600; Siqueira, Thiago Ferreira; https://orcid.org/ 0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833; Gonçalves, Tiago Figueiredo; https://orcid.org/ 0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578
    The purpose of this paper is to analyze the legal nature of the filter of the relevance of the question of federal law, introduced by Constitutional Amendment 125/2022, which may take on two facets, functioning as a specific individual requirement for admissibility of appeals and an instrument for the formation of precedents, inserted into the microsystem of repetitive demands, as occurs with the general repercussion. It is observed that the matter is not unanimous in the doctrine and that the Bills presented by the STJ and the Federal Council of the OAB move in opposite directions. First, the development of the functions of the special appeal throughout history and the legislative changes that occurred, especially with the CPC/2015, are studied to demonstrate the notability of the paradigmatic and standardizing functions and their relationship with the filter of relevance. The next step is to study the reasons that gave rise to the creation of the filter and its relationship with the workload and the exercise of the functions of the STJ. The process of objectifying the special appeal is addressed in the context of valuing the paradigmatic and standardizing functions and its association with the relevance filter. From then on, the functioning of the filter is analyzed as a specific requirement for the admissibility of the appeal and as a technique for forming precedents, considering its positive and negative aspects, in order to infer which will be the best path to follow, capable of contributing in a pertinacious way both to the management of processes and to the promotion of legal certainty and the rationalization of the functions of the STJ. It is concluded that the use of the relevance filter as a specific individual requirement for admissibility and as a technique for forming precedents are fundamental for the management of the number of processes and for the standardization of federal law, so that it is intended that they work together. In this context, the formation of a binding thesis is beneficial for the justice system, as long as the necessary precautions are taken in its application, considering the dangers that its excessive use can entail and taking into account the specificities of Brazilian law, which prevent us from adopting a system of precedents along the lines of common law
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    Acesso à justiça no objetivo de desenvolvimento sustentável nº 16 da agenda 2030 da ONU na perspectiva da justiça do trabalho
    (Universidade Federal do Espírito Santo, 2025-05-16) Sales, Geiziele Gomes Noronha; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; https://orcid.org/0009-0009-8580-6049; http://lattes.cnpq.br/; 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/5151649835128510; Moschen, Valesca Raizer Borges ; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726
    The research addresses the role of the Labor Judiciary in implementing the Right of Access to Justice as established in Sustainable Development Goal (SDG) 16 of the United Nations 2030 Agenda. It was developed within the Postgraduate Program in Procedural Law at the Federal University of Espírito Santo, under the research line "Justice Systems, Constitutionality, and Protection of Individual and Collective Rights," as well as within the Research Group "Labor, Social Security, and Procedure: Dialogues and Critiques" (UFES-CNPq).The 2030 Agenda is presented as a global and participatory work project aimed at realizing Human Rights in their various facets. In turn, SDG 16 seeks to strengthen institutions through participatory and inclusive means, ensuring equal access to justice. Within this context, the research problem is to understand how the Labor Judiciary acts to fulfill the right of access provided in the 2030 Agenda, based on the following question: What institutional programs have been implemented by the Labor Judiciary to enforce the right of access to justice as outlined in SDG 16 of the UN 2030 Agenda? The hypothesis is that the realization of the right of access occurs primarily through technological tools, procedural automation, and virtualization of access, thereby simplifying the normative content of the right of access. This hypothesis was only partially confirmed, as the Labor Judiciary has been working to implement SDG 16 through programs that both promote and regulate the use of technological tools, viewing reasonable duration of proceedings and procedural speed as core components of the right of access. However, the focus is not limited to these aspects, as there is a strong concern with communication as well. The research analyzes institutional programs developed within the Innovation and SDG Laboratories (LIODS) of the National Council of Justice (CNJ), limited to labor judiciary bodies. The general objective of the research is to map and analyze which institutional programs are used by the labor judiciary bodies to implement SDG 16 of the UN 2030 Agenda. The specific objectives include understanding the content of the right of access to justice as envisioned in the 2030 Agenda from the perspective of the Labor Judiciary, and how the implemented programs contribute to the realization of this right as protected by the Brazilian Constitution.To achieve these goals, the research adopts a deductive method with a qualitative approach, using bibliographic research, the content of the UN 2030 Agenda, and the programs registered with the National Council of Justice (CNJ) by the Superior Council of Labor Justice, the Superior Labor Court, and the Regional Labor Courts within their respective Innovation and Sustainable Development Goal Laboratories (LIODS). The theoretical framework adopted is based on the theory developed in the work of Marc Galanter