Campus de Goiabeiras, Vitória - ES

Name: LARA RIOS PEREIRA

Publication date: 06/05/2022
Advisor:

Namesort descending Role
TIAGO FIGUEIREDO GONÇALVES Advisor *

Examining board:

Namesort descending Role
RODRIGO REIS MAZZEI Internal Examiner *
THIAGO FERREIRA SIQUEIRA Internal Examiner *
TIAGO FIGUEIREDO GONÇALVES Advisor *

Summary: The research is about the adversarial and collaboration principles on the
Incident of Resolution of Repetitive Demands - IRRD. It aims to identify the
connection between the parties’ participation opportunities on the IRRD
complementary regulation and the adversarial and collaboration principles.
The methodological strategies applied to the research were the content
analysis and literature review. For this purpose, the 27 Brazilians’ code
of judicial conduct were analyzed. As a result, a profile was identified with
a predominance of court’s normative role; i) eight main IRRD legal issues
related to the adversarial principle and the collaboration were identified in
legal literature, and ii) eight main IRRD regulation matters associated to
the adversarial and the collaboration principles were identified in the 26
Brazilians’ code of judicial conduct. Due to the procedural participation
distribution, a relativization was identified in order to privilege
procedural interests other than the adversarial and cooperation principles,
such as the isonomy, legal certainty, and process duration.
Keywords: Incident of Resolution of Repetitive Demands - IRRD; Adversarial
principle; Collaboration; Code of judicial conduct; Procedural participation.

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