Banca de QUALIFICAÇÃO: JOSÉ SERAFIM DA COSTA NETO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOSÉ SERAFIM DA COSTA NETO
DATE: 19/11/2020
TIME: 09:00
LOCAL: UFRN - Programa de Pós-Graduação em Direito/Videoconferência
TITLE:

The Repetitive Demand Resolution Incident (IRDR) and the democratic principle: focus on the legitimacy of its decisions through the discursive argumentative path

KEY WORDS:

Incident of Resolution of Repetitive Demands; Democracy; Effectiveness. Legitimacy.

PAGES: 99
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present research seeks, from an interdisciplinary analysis, to discuss the legal institute of the Incident of Resolution of Repetitive Demands (IRDR), created in Brazilian Law by the Civil Procedure Code (CPC) in force, seeking to understand its constitutionality from the perspective of the principle democratic. The IRDR is characterized by being the judgment of a paradigm case that meets certain legal requirements and the effects of which will apply to identical cases or that are essentially merged into the same legal issue. The work intends to bring up the discussion about the legitimacy of the decisions rendered at IRDR, mainly with regard to the applicability of its decisions to cases not judged by the court, considering the lack of participation of the parties and the impossibility of them to influence the formation of the reason to decide. The effectiveness of the institute can be questioned from the perspective of legitimacy, insofar as the decision under the paradigm case will be imposed on other cases, lacking the effective wide circulation of arguments and the formation of convincing judicial activity. In this sense, contextualization about the constitutional model of civil procedure strongly imbued with a principiological nature is considered relevant, considering the constitutional principles that substantiate the Democratic State of Law closely related to the context of the civil process. In due course, the theories of procedural law and the emancipatory movement of subjects in the procedural scope will be discussed, raising the question about the individualistic liberal logic that surrounds the civil process when confronted with the mass litigation that plagues the Judiciary. Then, it will deal with the peculiarities of the IRDR, considering its possible benefits to the national legal system, without forgetting the necessary criticisms, taking into account the constitutional guarantees opposed when applied, based on an analysis detailed of the foundations of its creation under the logic of the tendency of uniformity of jurisprudence with the intention of combating what has been called lottery justice and valuing the principle of legal certainty. However, this debate advances towards the theories of democracy and the application of the democratic principle to the constitutional civil process, from the perspective of the fundamental right to citizen participation and, in attention, the functions, purposes and primary ownership of civil procedural science itself. Investigating, as appropriate, the effectiveness of the decisions rendered in the IRDR when opposed to instruments of popular participation recognized in Brazilian law, such as amicus curiae and public hearings, seeking to understand the effectiveness under the character of democratic legitimacy. For this purpose, bibliographic research related to the Incident in question and related principles will be used, especially Legal Certainty and Democracy. Thus, during the discussion, problems of the Brazilian legal system will be pointed out, which are sought to combat with the IRDR, to the same extent that criticism will be made of the Incident itself and its alignment with the current constitutional principles.

BANKING MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1544661 - GLEYDSON KLEBER LOPES DE OLIVEIRA
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO