Name: CAIO DE SÁ DAL COL
Type: MSc dissertation
Publication date: 29/04/2022
Advisor:
Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| RODRIGO REIS MAZZEI | Advisor * |
| TIAGO FIGUEIREDO GONÇALVES | Internal Examiner * |
Summary: This dissertation aimed to investigate whether the transport of the
process organization techniques, provided for in art. 357, of CPC/15, for
phases and procedures other than the common procedure, WHERE it is previously inserted, can efficiently assist in the realization of the constitutional
values of the process and in the adequate treatment of conflicts. This object
is closely linked to the Justice, Process and Constitution concentration area
and the Process, Techniques and Protection of Existential and Patrimonial
Rights research line of the Stricto Sensu Postgraduate Program in Procedural
Law at the Federal University of Espírito Santo (PPGDIR- UFES), since, from
the constitutional point of view, it sought to analyze and extract the full
potential of the process organization techniques provided for in art. 357, of
CPC/15, verifying the adequacy and efficiency of its application, through
procedural adaptability, transporting them to other phases and type of
procedures. In order to do so, we sought to demonstrate the current
ideological conception that marks the Brazilian civil procedural system, of
maximizing constitutional values, valuing the autonomy of the will,
contradictory and seeking for broad access to justice. Then, we tried to
identify the process organization techniques inserted in the aforementioned
legal provision and what the objective of each one is. Considering the
potential of each of the techniques identified, it was engendered to verify
the possibility of adaptability of the procedure for the transport of the
aforementioned techniques initially foreseen only in the common procedure for
the other phases and procedures. Then, some possibilities for managing the
techniques were presented, as well as their respective benefits, both as an
indicative guide for lawyers to \\\"organize\\\" the process from its inception,
and in the complementation, completion and optimization of the appeal,
executive and procedural phases. special inventory and autonomous evidentiary action. Finally, the final conclusions of the research were exposed.
