Banca de DEFESA: SAMMARA COSTA PINHEIRO GUERRA DE ARAÚJO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SAMMARA COSTA PINHEIRO GUERRA DE ARAÚJO
DATE: 27/12/2019
TIME: 09:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TITLE:
KEY WORDS:

Cooperative procedural model; Effectiveness; Impartiality of the judge; Constitutional procedural guarantees; Communicative reason theory.

PAGES: 116
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Reflecting a new procedural thinking, aimed at seeking the effectiveness of constitutional guarantees, the Brazilian Civil Procedural Code adopted the cooperative procedural model. In the light of pluralist democracy, this model seeks to balance the division of labor between the subjects of the case, giving a new dimension to the role of the judge and the parties in the process. In this new scenario, this research aims to investigate the essential content of the principle of cooperation and its possible impacts on jurisdictional activity and on the effectiveness of constitutional guarantees. In order to achieve this goal, it is based on the study of the evolution of modern constitutionalism to neoconstitutionalism, focusing on the methodological phases of procedural law and on the new directions taken by the contemporary civil process, called neoprocessualism or value-formalism, seeking to assess a greater effectiveness of judicial protection. The adversarial and inquisitive procedural models are analyzed, focusing on the way in which the division of powers between the procedural subjects is structured. The cooperative procedural model, based on the principle of cooperation, is presented as a new model able to meet the wishes of the constitutionalization of the process. In this step, we highlight the theoretical bases that conceptualize procedural cooperation, in addition to delimiting its normative and effective content. It then examines the cooperation duties of the judge or court in order to determine whether such duties may lead to a breach of judicial impartiality by differentiating this concept from the notion of neutrality. Finally, constitutional procedural guarantees and Jürgen Habermas's theory of communicative reason are presented as foundations of this cooperative process model. The deductive method is adopted, the research is qualitative, exploratory and bibliographic, including the exploration of doctrine, legislation and court decisions.

BANKING MEMBERS:
Presidente - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - CARLOS SÉRGIO GURGEL DA SILVA - UERN