Banca de QUALIFICAÇÃO: AMARO BANDEIRA DE ARAÚJO JUNIOR

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : AMARO BANDEIRA DE ARAÚJO JUNIOR
DATA : 23/07/2019
HORA: 09:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE PERSPECTIVES OF COMMON LAW'S RECEPTION IN BRAZIL AND THE NEW LOGIC OF JUDICIAL PRECEDENTS: A CRITICAL APPROACH ON DISCRETIONARY IN JUDICIAL DECISIONS AND THE JURISPRUDENTIAL CREATION OF LAW

PALAVRAS-CHAVES:

Judicial precedents. Process and guarantee of rights. Common law and civil law. Hermeneutics. Judicial discretion.

PÁGINAS: 163
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
RESUMO:

The present work aims at analyzing the main theories and doctrinal currents that involve the debate on binding judicial precedents and the judicial creation of law, especially the declarative and constitutive currents, in the perspective of a new logic of extension of normative force of jurisprudence in the national legal order, especially with the advent of new instruments made available to the courts with the entry into force of the Code of Civil Procedure of 2015 and its practical implications. It discusses the relativization of the res judicata and the (in) constitutionality of arts. 525, §12, 535, §5, of the Code of Civil Procedure of 2015 and the abstraction of the diffuse control of constitutionality. It studies the approximation between Common Law and Civil Law in parental law, with emphasis on the reception of the common law and the virtuous and non-virtuous fragilizations of Civil Law interpreted in parallel to the criticism of judicial activism of Judges Mars, Jupiter and Hercules de François Ost . It examines the instruments and institutes for application and overcoming judicial precedents arising from Common Law. It analyzes the limits and consequences of the expansion of the role of the Judiciary, strengthened by the new dynamics of binding judicial precedents and their interference in public policy and the rehearsal of a hegemony of the judiciary as the State's typically political agent. In conclusion, we analyze the hermeneutic contours of limitation or self-containment of judicial decisions generating binding precedents, in the light of the clash between theories of substantiality and proceduralism, in the search for respect for the beacons of the constitutional principle of separation of powers and legal security as pillars of the Democratic State of Law.

MEMBROS DA BANCA:
Presidente - 1544661 - GLEYDSON KLEBER LOPES DE OLIVEIRA
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED