Banca de DEFESA: EDUARDO QUEIROGA ESTRELA MAIA PAIVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : EDUARDO QUEIROGA ESTRELA MAIA PAIVA
DATE: 07/06/2021
TIME: 10:00
LOCAL: UFRN - Programa de Pós-Graduação em Direito/Videoconferência
TITLE:

JUDICIAL PROBATIVE ACTIVITY UNDER PROCESS AS A FREEDOM GUARANTEE AGAINST JURISDICTION: constitucional analysis of the dynamic distribution of the burden of proof and the possibility of taking evidence ex officio by the judge.

KEY WORDS:

Civil procedure. Procedural guaranteeism. Probative activity by the judge. Burdens of proof. Taking evidence ex officio.

PAGES: 120
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study aims to analyze the constitutionality of probative activity of the judge regulated in the Brazilian code of civil procedure, assuming that process is an institution of guarantee of freedom against jurisdiction in opposition to the classic publicist concept that it would be a jurisdiction instrument. Therefore, this study intends (i) to situate the paradigm established by the Brazilian Federal Constitution of 1988, that inaugurated Democratic state in Brazil, (ii) to present the bases of procedural guaranteeism as a theory resulting from the study of due process of law, (iii) to outline the organizational structures of the civil procedure and its historical-ideological roots and, in the end, (iv) to analyze the aspects of the production of evidence, the burdens of proof and the instructive powers of the judge in this area. In this way, through bibliographic and documentary research, this work proposes to overcome the procedural doctrine hitherto dominant, to then question whether the dynamic distribution of the burden of proof and the possibility of taking evidence ex officio by the judge would be under the constitutional paradigm. Thence legislative amendments and judicial review of constitutionality are proposed because of the study.

BANKING MEMBERS:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED
Interna - 1753603 - PATRICIA BORBA VILAR GUIMARAES
Externo à Instituição - JALDEMIRO RODRIGUES DE ATAÍDE JUNIOR