Banca de QUALIFICAÇÃO: CHRISTIANE ALLI FERNANDES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : CHRISTIANE ALLI FERNANDES
DATA : 27/11/2017
HORA: 09:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

PRIORITY PROCESSING OF COLLECTIVE JURISDICIONAL PROTECTION: an analysis from a constitutional perspective

PALAVRAS-CHAVES:

Collective process; Priority procedure; Time; Constitutional principles.

PÁGINAS: 127
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The present dissertation analyzes, from a constitutional perspective, the priority procedure of collective judicial protection. Initially, it follows a path that goes through the verification of the relevance of actions of collective nature for the realization of fundamental rights, especially transindividual rights and interests, focusing on the collective process, its evolution, its object and legal discipline. In order to contextualize the thematic, elucidates on contemporary constitutionalism and on the constitutionalisation of the process, focusing on the evolution of constitutionalism and its reflexes in procedural law. It deals with the principles justifying this hypothesis of procedural prioritization, highlighting the principle of the highest priority of collective judicial protection and access to justice as a fundamental social right, initially bringing an approach to the theory of principles and the binding force of these species of standards. It discusses the possible obstacles and aporias arising from the adoption of this procedural priority, such as the confrontation with the principle of equality and the question of the length of time necessary for the process, with the possibility of reconciling legal certainty and guarantees of due process with celerity, justice and effectiveness of the jurisdictional provision. It verifies, therefore, if the conflicts are real or apparent, gauging their consequences and possibilities of solution or conciliation. It gives an account of the reasons why the principle of the highest priority of collective judicial protection goes beyond a utilitarian view. Finally, it analyzes some practical aspects of this procedural prioritization of actions of a collective nature, investigating in which actions, judicial bodies and instances procedural preference can be adopted, which procedural acts can be reached, and how this priority occurs in the face of other hypotheses in which there is the prediction of procedural priority by the Brazilian legal system. Using the hypothetical-deductive method, consisting of an eminently documentary and bibliographical analysis, with theoretical and interventionist bias, in addition to the study and re-reading of existing theories on the subject, this dissertation presents ways that make possible the alteration of the phenomenon of the object reality of the work, developing an argument about the feasibility of immediate application of the procedural priority to actions of a collective nature, exposing procedural and material reasons from a constitutional perspective.

MEMBROS DA BANCA:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - 020.405.919-40 - CRISTINA FORONI CONSANI - UFSC
Interno - 1753603 - PATRICIA BORBA VILAR GUIMARAES