Banca de DEFESA: MARIA ESTHER ALENCAR ADVINCULA D'ASSUNCAO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA ESTHER ALENCAR ADVINCULA D'ASSUNCAO
DATE: 31/08/2023
TIME: 13:30
LOCAL: A definir
TITLE:

LIMITS TO THE COOPERATIVE POWER OF THE JUSTICE

KEY WORDS:

Brazilian National Judicial Cooperation. Concerted Acts. Simplification of process. Efficiency

PAGES: 118
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The efficiency of the Judiciary, that is an endless matter, finds itself in the center of the main discussions, envolving the administration of the Justice and the Judicary Branch. In 2015, comes into force in Brazil the current Civil Code of Procedure, bringing many novelties, as the Brazilian National Judicial Cooperation. This work aims to address the historical evolution of the Judiciary and of the civil process, dealing with the embrace or distancing of the Brazilian legal system concerning the rigid formality in search of the essential formalism (formalismo-valorativo), defended by Carlos Alberto Alvaro de Oliveira. The choice for this study and of this approach are justified by the Brazilian habit to undertake legislative reform prior proper and in depth analysis of the causes, as well as for the possibility to undermine the due process of law if the new institute is not used with caution. Amongst the difficulties found, it is highlighted the immense amount of process legislation and respective reforms, counted from the first Brazilian process legislation, as well as, the very recent production of studies over this matter. Henceforth, the present work aims to present a historical overviewo about the simplification of the process in Brazil, to allow critical debate over the National Judicial Cooperation and obtain solution to harmonize, in the Brazilian legal system, the constitutionally secured individual rights and this new simplification institute. The analysis starts from the hypothesis that, nonetheless the National Judicial Cooperation aims expediency, it is mandatory to verify if the cooperation request, including those for concerted acts by judges of different specialized jurisdictions, is compatible with the Constitution and other general structural norms already in existence in the Brazilian legal system. Thus, to allow the test over the hypothesis, basic historical and strategic research was conducted, with descriptive and exploratory objectives, under the deductive method, with qualitative approach and done under the bibliography and documentation pertinent for this. As result of the study over the case brought into analysis, the importance of the research was confirmed, due to the little understanding of the limits applicable to the new institute. Therefore, further scrutiny over this theme is suggested.

COMMITTEE MEMBERS:
Presidente - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Externo à Instituição - FABIO FIDELIS DE OLIVEIRA