Name: GUSTAVO MATTEDI REGGIANI
Publication date: 08/06/2017
Advisor:
Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
| MARCELO ABELHA RODRIGUES | Internal Examiner * |
Summary: Utilizes the national and foreign doctrine in the rescue of the evolution of the thought, to demonstrate that the judgment of initial dismissal of the request has always been present in the human collectivities, although not systematized legislatively. It demonstrates the main criticisms suffered by the institute and the paths taken until it reaches the current stage of regulation. Establishes premises for the identification of the grounds for the judgment of initial dismissal of the request, with the purpose of increasing the use of the technique, both with the enlarge in the use of the hypotheses typically set forth in article 332 of the Code of Civil Procedure, and with the expansion of the role for atypical hypotheses, for example, in all the cases provided for in article 927 of the Code of Civil Procedure, as well as in cases of manifestly unfounded applications. The results demonstrate that the axiological values protected by the Constitution of the Republic and by the Code of Civil Procedure not only allow an initial dismissal of the request in typical and atypical cases, but also determine and stimulate its use, as a tool for access to justice performing its two basic purposes in the legal system: (i) accessibility for all; and (ii) the production of individual and socially just results. However, it is a sensible rule, in which attention is paid to constitutional values, such as the principle of contradiction and communicative action, adequate motivation and motivated conviction, as well as deep knowledge and caution in the use of precedent, so that there is no unconstitutional action. The social evolution led by increasingly democratic views of law requires the strengthening of tools such as the judgment of initial dismissal of the request, democratizing access to justice, making possible the fast and effective resolution of conflicts and the decongestion of judicial units, with the efficient rationalization of resources.
Keywords: judgment of initial dismissal of the request. Typical and atypical hypotheses. Access to justice. Effectiveness. Contradictory. Precedents.
