Especialização Direito Processual Civil Contemporâneo
URI Permanente para esta coleção
Navegar
Navegando Especialização Direito Processual Civil Contemporâneo por Autor "Lovato, Luiz Gustavo"
Agora exibindo 1 - 2 de 2
Resultados por página
Opções de Ordenação
Artigo Científico Acesso embargado O acesso à justiça no Código de Processo Civil de 2015: as tutelas liminares de improcedência, de julgamento abreviado de recursos e de evidência como forma de garantir a efetividade da prestação jurisdicional(2018) Burato, Cláudio PlácidoThis research has as scope to demonstrate the suitability of the decision: (i) liminary injunction; (ii) short judgment of appeals and (iii) evidence, to ensure the postulate of access to justice. Therefore, the present study will be based on the premisses, namely: first, the classic doctrine on access to justice will be analyzed, especially focusing on the study of Mauro Cappelletti and Bryant Garth and the metaphorical waves proposed by them. Already in a second stage, will address the appropriate judicial protection and here will highlight changes in the procedural systematics of the civil proceeding after the publication of Law no. 13.105, of March 16, 2015. Finally, the ability to use these procedural techniques to shorten the time of the judicial response will be demonstrated. The methodology used for this was the deductive; in the collection of data the bibliographic-documentary procedure was used; in relation to the level can be classified as exploratory and, lastly, the instrument for compiling the data was the bibliographic record.Artigo Científico Acesso aberto O CPC/2015 e a expansão das hipóteses de julgamento monocrático pelo STJ(2018) Silva, Géssica Patricio daThe main purpose of this research is to analyze, in the edition of the STJ's summary 568 and the article 255, §4º, II and III, of the RISTJ cumulated with the article 932, VIII, of CPC/2015, a new attempt of the rapporteur's monocratic judgment when there was a dominant jurisprudence on the subject. The purpose of this work, has been used the method of approach, and the part-general of general premies to be found in the purpose of the proposed, hair that does not found in the program, or the demand required. As for the procedure, the bibliographic method was used. In the formation of the exploratory character of research, a qualitative approach will be adopted. As a result of the research, the STJ's summary 568 and art. 255, §4, II and III, RISTJ, cumulated with the article 932, VIII, CPC/2015, reform, contrary to the provisions of the CPC/2015 rapporteur's article 932, IV and V powers and the intentions of the new code, a possibility of a monocratic judgment based on the hypothesis of 'consolidated jurisprudence' or 'dominant jurisprudence' on the subject at hand is that it is urgent and to consider how the question that causes democracy can provoke, promoting, in this case, as the legislative laws to avoid other systemic and harmful systemic incongruities.