Name: ANNE LACERDA DE BRITO
Type: MSc dissertation
Publication date: 22/05/2018
Advisor:
Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
| TIAGO FIGUEIREDO GONÇALVES | Internal Examiner * |
Summary: The estate inventory in Brazil is traditionally known in society and in legal practice as a slow process and full of bureaucracies, and it is not uncommon that an action like these goes on for more than a decade in the Judiciary. The main and current Brazilian legislative changes of the 21st Century - Civil Code 2002 and Code of Civil Procedure 2015 - did not bring significant changes to that institute, and its essence is still very much linked to the demands of the Liberal State and the Social State, which are insufficient in the current context of the Constitutional Democratic State. It does not mean, however, that it is impossible to put the inventory into proper, timely, effective and efficient judicial protection. Especially as regards the object of this work, in order to find a procedural solution, it is necessary to dialogue with reality and with material law. Thus, the present research proposes to rethink the estate inventory according to the current situation of brazilian legal system, traversing the path between the legal framework (pointing out possible technical deficiencies in the material and procedural legislation) and reality (highlighting possible practical problems). To do so, the objectives are: 1) to find out what are the biggest obstacles in the estate inventory; 2) identify the changes promoted by CPC/15 to the estate inventory; 3) analyze the legislative changes of CPC/15 that can be used in the judicial inventory, reflecting on the application of the common procedure to the special procedure. The study is linked to the research line "Process, constitutionality and protection of existential and patrimonial rights" of the Program of Post- Graduation in Procedural Law of the Federal University of Espírito Santo and was carried out by the inductive method, starting from a particular analysis for a general finding, using the following types of research: field research, with interviews with legal operators; theoreticalbibliographic research, with analysis of laws and jurisprudential consultation; and also legaldoctrinal research, especially in the field of Civil Procedural Law (including studies on the constitutional civil process and Law 13.105/2015) and the Law of Succession.
Keywords: Civil Procedure Law; Succession Law; Inheritance law; estate inventory; Code of Civil Procedure 2015; formalism.
