Banca de DEFESA: AMARO BANDEIRA DE ARAÚJO JUNIOR

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : AMARO BANDEIRA DE ARAÚJO JUNIOR
DATA : 15/08/2019
HORA: 11:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

PRECEDENTS AND THE RECEPTION OF COMMON LAW IN BRAZIL: A CRITICAL APPROACH TO DECISIONISM AND ISONOMY IN JURISPRUDENTIAL CREATION OF LAW

PALAVRAS-CHAVES:

Judicial precedent. Process and guarantee of rights. Common Law and Civil Law. Hermeneutics. Legitimacy of court decisions. Isonomy. Judicialization of Politics. Legal certainty.

PÁGINAS: 164
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
RESUMO:

The present work aims to analyze the main doctrinal theories and currents that involve the debate on the binding judicial precedents and the judicial creation of the law, especially the declarative and constitutive currents, in the perspective of a new logic of expansion of the normative force of jurisprudence. in the national order, especially with the advent of new instruments made available to the courts with the entry into force of the 2015 Civil Procedure Code and its practical implications. It is discussed about the relativization of the res judicata and the (un) constitutionality of arts. 525, §12º, 535, §5º, of the 2015 Code of Civil Procedure and the abstracting of the diffuse control of constitutionality. It studies the approximation between Common Law and Civil Law in homeland law, with emphasis on the reception of common law and the virtuous and non-virtuous weaknesses of Civil Law interpreted in parallel with the criticism of judicial activism by Judges Mars, Jupiter and Hercules by François Ost. . The instruments and institutes for the application and overcoming of judicial precedents arising from the Common Law are analyzed. It analyzes the limits and consequences of the enlargement of the protagonism of the Judiciary Power, strengthened in view of the new dynamics of the binding judicial precedents and their interference in the public policies and the rehearsal of a hegemony of the judiciary as a typically political agent of the state. In conclusion, we analyze the hermeneutic contours of limitation or self-restraint of judicial decisions that generate binding precedents, the light of the clash between the theories of substantialism and proceduralism, seeking to respect the beacons of the constitutional principles of isonomy, separation of powers and legal certainty as pillars of the democratic rule of law.

 

 

MEMBROS DA BANCA:
Presidente - 1544661 - GLEYDSON KLEBER LOPES DE OLIVEIRA
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - LEONARDO OLIVEIRA FREIRE - F.M.Nassau