REFLEXÕES SOBRE OS PRAZOS PROCESSUAIS DA FAZENDA PÚBLICA EM JUÍZO: A HISTÓRIA DA LEBRE E DA TARTARUGA
This article aims to discuss the terms of the Treasury in court, such as analyze if those terms give the Public Administration unnecessary advantage in the procedural race. First, we will make a presentation about the concept of time developed in the field of physics, linking them with the ideas of...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/42781 |
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| Resumo: | This article aims to discuss the terms of the Treasury in court, such as analyze if those terms give the Public Administration unnecessary advantage in the procedural race. First, we will make a presentation about the concept of time developed in the field of physics, linking them with the ideas of process and speed. Then we will analyze the ruling of these deadlines in the Civil Procedure Code of 1973 and 2015, to point if such an advantage sets in our planning a prerogative or privilege. After we will analyze the principle of the supremacy of the public interest, as this is considered by the majority as a pillar of support for holding these deadlines. At this point, the difference will be searched between primary and secondary public interest, the new conception of the public interest ahead of fundamental rights, as well as examine whether this principle will consider on the other, if there is any conflict. For only then we approach the principle of equality analyzing its protection area and if such terms violate this protection area. In short, we propose that these terms are banished from our legal order because they generate a procedural advantage without factual or constitutional justification. In this race which is the process, this advantage affects the weakest part of the procedural relationship, which is the particular. |
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