Name: PATRICK JOSÉ SOUTO

Publication date: 28/04/2020
Advisor:

Name	Role
TIAGO FIGUEIREDO GONÇALVES	Advisor *

Examining board:

Name	Role
CLÁUDIO IANNOTTI DA ROCHA	Internal Examiner *
RODRIGO REIS MAZZEI	Internal Examiner *
TIAGO FIGUEIREDO GONÇALVES	Advisor *

Summary: Provide to the vulnerable party a procedure suited for their circumstances is fundamental to the development of the judicial decision and a key step for the adequate promotion of access to justice. Departing from the problem that the vulnerability of the party may compromise the legitimacy of jurisdiction itself, the subject of the present master’s thesis is the investigation of the procedure established by the Brazilian Code of Civil Procedure, notably if the vulnerable party can rely on procedural techniques capable of opposing the weakened circumstances of their position in the proceedings and, in such way, experience, in the judicial process, an environment that assures their dignity and supports the exercise of citizenship prerogatives. The objective of the present study, furthermore, is to demonstrate the compatibility between the procedural model designed by the Brazilian Code of Civil Procedure and the guiding values of the Democratic Constitutional State regarding the judicial protection of the vulnerable party. Such objective is linked to the concentration area of the Postgraduate Program in Procedural Law of the Federal University of Espírito Santo – PPGDIR/UFES in the field of Procedure, Justice and state Constitution and awakens the discussion about the fundamental and constitutional value of the fair procedure, as well as stimulate the debate about the adequate and effective jurisdictional protection. The theoretical frame is highlighted by works of non-Brazilian authors such as Acesso à Justiça, from Mauro Cappelletti and Bryan Garth, Luta por Reconhecimento, from Axel Honneth, Tópica e Jurisprudência, from Theodor Viehweg, Lógica Jurídica, from Chaim Perelman, Legitimação pelo Procedimento from Niklas Luhmann, amongst others. Brazilian authors in general theory of the state by Darcy Azambuja and Celso Ribeiro Bastos, in constitutional law José Afonso da Silva e Paulo Bonavides, and by several established names of the Brazilian civil procedure literature, such as José Carlos Barbosa Moreira, Cândido Rangel Dinamarco, Tércio Sampaio Ferraz Júnior, José Roberto dos Santos Bedaque, Carlos Alberto Álvaro de Oliveira, Daniel Mitidiero, Luiz Guilherme Marinoni, Fredie Didier Júnior, Antônio do Passo Cabral, amongst others. In conclusion, the Brazilian Code of Civil Procedure is not unaware of the issue of procedural vulnerability and features techniques to oppose it. However, because of the impossibility to anticipate in theory every possibility of its practical occurrence, the techniques developed from the statements of the code could be insufficient. As follows, it is necessary to alter the perspective of the problem’s approach in each specific case. With such an aim, the topic thought shows itself as an invaluable tool to the adequacy of the procedure and the assurance of the vulnerable party’s possibility to effectively participate in the proceedings.

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