Banca de DEFESA: CLAYTON BARRETO DE OLIVEIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : CLAYTON BARRETO DE OLIVEIRA
DATA : 21/06/2016
HORA: 18:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

JURISDICTION FROM THE PRECEDENTES: CONSTITUCIONAL MATRIX AND CHALLENGES OF A CONSISTENTE AND DEMOCRATIC DECISION MAKING IN BRAZIL


PALAVRAS-CHAVES:
Jurisdiction, precedents, democracy, legitimacy.


PÁGINAS: 200
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:
A survey of the jurisdiction from judicial precedents, this is the starting point for an academic journey that aims to analyze the judgment from the perspective of a democratic process aimed at stabilizing the social expectations. The paper stresses that democracy makes cogent study of the jurisdiction of legitimacy, especially in multicultural societies, increasingly informed and dissatisfied with the purpose of deviations that imprison fundamental rights in the symbolism harvest. The role of judicial activity puts the decision-making process in the nerve center of scientific discussion, being necessary to understand their holding and their horizons. Discuss the judicial decision from the precedents training also means charging coherence of provision, a fact that requires knowledge of the decision elements, traditions that systematize the application of law to the case, highlighting the models of common law and civil law, which have different foundational bases, but which, however, have taken a clear approach papers. In this context, the research deepens the study of motivation, substantial support to the establishment of the legal rule that solves the case on trial and also unveils the choice made by the jurisdiction to give treatment to a legal relationship. Having as reference the theory of the constitution, in the aspect according to which the State must protect and promote fundamental rights, the contribution of democracy to work stems from concern about the legitimacy and clarity of the decision, away from arbitrariness reprehensible. The references of the integrationism of Ronald Dworkin and discursive proceduralism theory Jürgen Habermas help demystify the need for efforts by the jurisdiction, which can not make the act of deciding a mechanical process, solipsistic, disintegrated and refractory interactions with society. The international legal literature, confronted with the national doctrine, is an attempt to condense the main points essential to the formation of a judicial precedent system in Brazil, especially for having been found a long and enduring legislative tendency to align the legal tradition Brazilian model to the common law, which institutes were imported as the linking of the court decision, the thesis of distinguishing and overruling precedents.


MEMBROS DA BANCA:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - MARCUS VINICIUS FERNANDES ANDRADE DA SILVA - UNI-RN
Interno - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Notícia cadastrada em: 21/06/2016 09:35
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