Decisões parciais de mérito e decisões parciais sobre questões de mérito no código de processo civil de 2015
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Data
2025-05-12
Autores
Ramos, Alexandre de Oliveira Miranda
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Universidade Federal do Espírito Santo
Resumo
This 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.
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Decisões parciais , Repercussões jurídicas , Questões de mérito