As condições da ação sob a ótica do constructivismo lógico-semântico
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Data
2018-04-27
Autores
Rezende, Priscilla Correa Gonçalves
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Universidade Federal do Espírito Santo
Resumo
There is no way to convey knowledge without language. Therefore, language is indispensable for the construction of any science, such as the Law Science, whose object of study is also a linguistic phenomenon: the positive law. With that in mind, and considering the doctrinal and jurisprudential dissonance regarding the subject, this master's thesis is dedicated to define conditions of action and to identify the legal nature of interest to claim and legal standing, according to the Brazilian Civil Procedure Code of 2015. It is intended to establish a parallel between the merit, the interest to claim, the legal standing and the assertion theory, so that it can be determined in which modality fits a res judicata that takes place on the decisions that mention these questions. For this, the approach concerns about the terms of language, according to logical schemes that bring consistency to the message transmitted, with the syntactic organization of the sentence and with the content of the words, aiming at coherence in the scientific discourse. That is why the perspective will be from the angle of the logical-semantic constructivism. The theme is developed with concepts extracted from the General Theory of Law, such as the notion of system, legal norm, primary legal norm, secondary legal norm, material legal relationship, procedural legal relationship. The research is focused on the Brazilian Civil Procedure Code of 2015, not forgetting to punctuate the writing changes that occurred regarding the conditions of the action in comparison to the previous law. The issue acquires relevant contours on the analysis of judgments drawn by the various Brazilian courts about the subject.There is no way to convey knowledge without language. Therefore, language is indispensable for the construction of any science, such as the Law Science, whose object of study is also a linguistic phenomenon: the positive law. With that in mind, and considering the doctrinal and jurisprudential dissonance regarding the subject, this master's thesis is dedicated to define conditions of action and to identify the legal nature of interest to claim and legal standing, according to the Brazilian Civil Procedure Code of 2015. It is intended to establish a parallel between the merit, the interest to claim, the legal standing and the assertion theory, so that it can be determined in which modality fits a res judicata that takes place on the decisions that mention these questions. For this, the approach concerns about the terms of language, according to logical schemes that bring consistency to the message transmitted, with the syntactic organization of the sentence and with the content of the words, aiming at coherence in the scientific discourse. That is why the perspective will be from the angle of the logical-semantic constructivism. The theme is developed with concepts extracted from the General Theory of Law, such as the notion of system, legal norm, primary legal norm, secondary legal norm, material legal relationship, procedural legal relationship. The research is focused on the Brazilian Civil Procedure Code of 2015, not forgetting to punctuate the writing changes that occurred regarding the conditions of the action in comparison to the previous law. The issue acquires relevant contours on the analysis of judgments drawn by the various Brazilian courts about the subject.
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Logical-semantic constructivism , Civil procedure , Conditions of action , Interest to claim , Legal standing , Constructivismo lógico-semântico , Condições da ação , Interesse de agir , Legitimidade para a causa
Citação
REZENDE, Priscilla Correa Gonçalves de. As condições da ação sob a ótica do constructivismo lógico-semântico. 2018. 154 f. Dissertação (Mestrado em Direito Processual) - Programa de Pós-Graduação em Direito Processual, Universidade Federal do Espírito Santo, Vitória, 2018.