Name: SARA BARBOSA MIRANDA
Publication date: 03/06/2020
Advisor:
Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Internal Examiner * |
| TIAGO FIGUEIREDO GONÇALVES | Internal Examiner * |
Summary: The present study makes an analysis of the principle of the primacy
of merit judgment, which is enshrined in art. 4 of CPC / 2015 and supported
by other more specific rules, such as arts. 139, IX, 322, § 2, and 488 of
the same statute, in order to also analyze its reflexes in the admissibility
judgment of the court demands. For this, the hypothetical-deductive
methodology was used, with bibliographic, documentary and jurisprudential
researches, the latter one being relevant for the understanding of the
current interpretation of the object of study by the Courts. CPC / 2015
brings enough mechanisms for overcoming and remedying procedural defects as a concrete way to honor the judgment on the merits of cause, making the
judgment of admissibility more flexible. The purpose here was to analyze the
limits of these mechanisms and the procedural filter for the judgment of the
merits in the first instance, with detailed analysis of the principle of
merit in conjunction with other fundamental rules of Brazilian civil
procedure, with the purpose of presenting a rereading. of admissibility and
merit judgments in CPC / 2015.
