Banca de QUALIFICAÇÃO: ELANNE KARINNE DE OLIVEIRA CANUTO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ELANNE KARINNE DE OLIVEIRA CANUTO
DATE: 29/06/2022
TIME: 15:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO/ Videoconferência
TITLE:

THE PROPOSAL FOR AMENDMENT TO CONSTITUTION N.º136/2019: CONDITIONS AND CONSEQUENCES OF ITS APPROVAL

KEY WORDS:

Extrajudicial mediation. Autonomy of the will. Access to justice, Human rights. Proposal for Constitutional Amendment No. 136/2019.

PAGES: 87
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research aims to analyze whether the current context of the Brazilian justice system and the public and judicial politics for the adequate treatment of conflicts of interest meet the conditions for the approval of a Proposed Amendment to the Constitution that conditions the exercise of the right of action to a preliminary stage of an attempt to resolve disputes out of court. Specifically, it intends to discuss the programs proposed by the legislative microsystem of self-composition (Resolutions of the National Council of Justice Nos. 125/2010 and 225/2016, Law 13.140/2015 and Law 13.105/2015); to compare the public and judicial policies for the prevention and resolution of conflicts implemented in Brazil with those implemented in Argentina, Chile, Mexico, the United States and Spain; to investigate the influence of a third party's interference in the decision-making process and its correlation with the fulfillment of the solution generated and satisfaction with the result and through the bibliographic review of scientific material with interdisciplinary content and statistical data obtained from consultation with public banks . The research approaches the theme historically and comparatively, including the study of constitutional and infra-constitutional provisions. It analyzes the Proposed Amendment to the Constitution nº. 136, of 2019 (PEC nº. 136/2019) which aims to add item LXXIX to Art. 5 of the Federal Constitution, to insert the use of extrajudicial means of conflict resolution in the list of fundamental rights and whether its approval would be an advance or setback in the right of access to justice. It discusses the autonomy of the will and the freedom to decide in self-composition in the face of hetero-composition, as well as its correlation with the content of human dignity. Finally, a case report of self-composition involving the Public Administration was carried out.

COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED