Limites ao poder cooperativo do juízo
The efficiency of the Judiciary is in the center of the main debate involving the administration of the Justice, Constitution and the Judicary Branch. In 2015, the current Code of Civil Procedure brings an important instrument for the effectiveness of Justice: the National Judicial Cooperation. I...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/55617 |
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| Resumo: | The efficiency of the Judiciary is in the center of the main debate involving the
administration of the Justice, Constitution and the Judicary Branch. In 2015, the
current Code of Civil Procedure brings an important instrument for the effectiveness
of Justice: the National Judicial Cooperation. In this work the historical evolution of
the cooperation in the Judiciary, related to how much it embraces the rigid formality
of the traditional civil procedure in search of the essential formalism (formalismovalorativo) defended by Alvaro de Oliveira. The choice for this study and approach
are justified by the importance to understand the social and historical that allowed the
legislative changes and reforms not to undermine the due process of law. 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. The present work aims to obtain
solution to harmonize, in the Brazilian legal system, the constitutionally secured
individual rights and the possibility of simplification allowed by Judicial Cooperation.
Despite the creation of the Judicial Cooperation aiming at procedural expediency, to
allow better agility and efficiency in the realization of procedural acts, it is mandatory
to verify if the cooperation request, including those for concerted acts amongst
judges of different specialized jurisdictions, is compatible with the Constitution and
other general structural norms already in existence in the Brazilian legal system. The
hypothesis concerns the possibility to harmonize the application of the judicial
cooperation without offense to the constitutional fundaments regarding civil
procedure – even when the cooperation concerns two different branches form the
Judiciary Power. To test the hypothesis historical and documental 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. It was also conducted a qualitative analysis of a case in which
occurred cooperation between courts of different specialized jurisdiction (federal
court and labor court) to the accomplishment of execution acts. As result of the study
over the case brought into analysis, the importance of the theoretical research was
confirmed, due to the little understanding of the necessary limits applicable to the
new institute. |
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