Name: CAROLINA BIAZATTI BORGES
Publication date: 19/06/2019
Advisor:
Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Co-advisor * |
Examining board:
| Name |
Role |
|---|---|
| FLAVIO CHEIM JORGE | Advisor * |
| MARCELO ABELHA RODRIGUES | Internal Examiner * |
| THIAGO FERREIRA SIQUEIRA | Internal Examiner * |
Summary: To appeals is traditionally assigned part of the responsibility for the slowness of the Judiciary. Despite the lack of empirical data showing that the embargos infringentes were not responsible, not even remotely, for causing the delay in the relief, the legislator of the Code of Civil Procedure of 2015 suppressed the appeal and stablished in the article 942 a judgement technique that preserves its essence. The Brazilian procedural system appreciates the courts collegiality and, therefore, this technique plays an important role in the procedure of some civil appeals and actions: it is applied when divergence happens, which is the expected climax of a plural entity. Thus, the present research proposes the analysis of the technique of extension of the joint committee in case of divergence from its most remote origin to its legal forecast, providing a dialogue between the reality of the legal text and the forensic practice in the daily life of the courts. After presenting the history of the embargos infringentes in the Brazilian legislation, the study aims to: 1) analyze how was the legislative process until the conclusion of the current text of the art. 942 of CCP/2015; 2) identify the legal nature of the rule; 3) make reflections about its purpose, benefit and importance for the process and for the parties; 4) reflect on its relation to the principle of the natural judge; 5) establish the matter to be analyzed by the judges of the extended joint committee; 6) analyze the hypotheses of incidence and non-incidence of the technique; 7) analyze other relevant and/or controversial issues involving the incidence of the technique. In order to carry out the research, bibliographical and jurisprudential research was made, and the deductive method was used based on isonomy within the civil procedure system inaugurated by the CCP/2015.
