Name: RENAN SENA SILVA
Publication date: 10/10/2022
Advisor:
Name |
Role |
|---|---|
| TRÍCIA NAVARRO XAVIER CABRAL | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| CLAUDIO PENEDO MADUREIRA | Internal Examiner * |
| TRÍCIA NAVARRO XAVIER CABRAL | Advisor * |
Summary: The present research, taking into account the paradox between the legal framework of adequate treatment of conflicts and the reality in the jurisdictional praxis, in which many conflicts are taken to the judiciary to obtain an imposing answer, starts from the hypothesis that the contention of litigation in in relation to the conflicts already judicialized could be the result of the understanding that in the normative regime of the Code of Civil Procedure - CPC, the principle of consensuality was positive. It adopts as premises the studies on the renewal waves of the right of access to justice and the theoretical formulations of multi-port justice. Regarding the structure of this work, the analysis proceeds in the following sequence: (i) the relationship between the development of the fundamental concepts of the General Theory of Process and the reinterpretation of the right of access to justice is described, in addition to the paradigm of multi-door justice ; (ii) the consensus and its forms are investigated, defining the jurisdictional consensus; (iii) the understanding of consensuality is developed as a principle and fundamental legal norm affirmed in contemporary Brazilian civil procedural law, seeking to understand its influences on the judicial process; (iv) the main conclusions drawn during the research are presented. Using the hypothetical-deductive research method, along the aforementioned path, using bibliographic and documentary research techniques, it was concluded that the principle of consensuality, in the search for jurisdictional consensus, is an implicit principle and fundamental norm of procedural law. , which (re)structures the state judicial process as a hybrid instrument for the treatment of conflicts, having repercussions on fundamental institutes of the process and on the posture of procedural agents, being able to act in the containment of the litigation of demands already filed and, thus, confirming the hypothesis main.
Keywords: Principle of consensus. Jurisdictional Consensus Proper Handling of Conflicts. Hybrid techniques. Judicial process.
