Banca de QUALIFICAÇÃO: DEMÉTRIO DEMEVAL TRIGUEIRO DO VALE NETO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : DEMÉTRIO DEMEVAL TRIGUEIRO DO VALE NETO
DATE: 01/09/2020
TIME: 17:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

Structural reform measures in brazilian law: parameters for judicial application.

KEY WORDS:

 Civil Procedure. Public law litigation; judicial control of public policies; nuclear court decisions; structural safeguard measures arising; legislative changes.

PAGES: 153
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research focuses on the legal parameters for the judicial application of structural injunctions in Brazil. Initially, assumptions for the analysis of structural disputes are analyzed, through the search for a consistent definition of these cases and the role of the Brazilian judge in dealing with them, based on a critical study of the institute's origin. The legal norms that support them are presented, as well as how structural injunctions operate in the context of judicial control of public policies. Afterwards, the phases of the structural litigation are divided, composed of the knowledge of the problem, of the decision making by means of a nuclear judicial decision and of its subsequent implementation by means of resulting structural protection measures, which have the characteristics of atypicality, transience, indispensability and proportionality (art. 139 of the CPC and art. 23 of the LINDB). At the end, it is presented the greater adequacy of the collective process in dealing with structural reform, suggesting four legislative modifications to deal with the peculiarities of the overlapping of various conflicts and interests and the prospective tutelage aimed at structural disputes, three of which have already been engendered by the Draft Code of Collective Procedure of the Ibero-American Institute of Procedural Law.

BANKING MEMBERS:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Presidente - 1497348 - LEONARDO MARTINS
Interno - 1675264 - RICARDO TINOCO DE GOES