Transportation of procedural techniques in the context of multitudinous possessory actions
Name: MARIANY DE SOUZA MANGA
Publication date: 27/05/2024
Examining board:
Name |
Role |
|---|---|
| KARINE MONTEIRO PRADO | Examinador Externo |
| MARCO AURÉLIO BEZERRA DE MELO | Examinador Externo |
| RODRIGO REIS MAZZEI | Presidente |
| TIAGO FIGUEIREDO GONCALVES | Examinador Interno |
Summary: The procedural protection of collective possession is analyzed through the
combination of
studies between multitudinous possessory conflicts, structural conflicts and
procedural
techniques available in the Brazilian legal system, with the objective of
verifying the
possibility of compatibility and effective transport of procedural techniques
in the context of
possessory conflicts involving a large number of people, conflicts related to
dispute of
possession and other collective conflicts, in order to obtain adequate and
efficient judicial
protection, which effectively allows the resolution of conflicts brought
before the Judiciary.
To this end, it was necessary to highlight some general ideas about the
protection of
possession, in order to establish basic premises for the development of the
research. The
theme of the social function of property and possession was addressed, in
order to support the
discussion about possessory on possessory protection in general. The main
points relating to
multitudinous possessory conflicts and conflicts related to dispute over
possession were also
emphasized. Afterwards, it was found that the multitudinous possessory
conflict can be
framed as a structural conflict, and from this some techniques of the
structural process were
highlighted for the identification of those that would enable eventual
transport. The possibility
of importing and exporting procedural techniques was also evalueted, based on
the model of
procedural flexibility supported by the Brazilian Code of Civil Procedure of
2015. Finally, it
was identified that the techniques compatible with the protected material
right can be
transported, as a form of procedural adaptation, allowing the creation of a
model outline for
the procedural treatment of multitudinous possessory conflicts. The research
was developed
through bibliographic and legislative techniques, through the deductive
method, and is linked
to the research line Process, Techniques and Protection of Existential and
Patrimonial Rights
of the Postgraduate Program in Procedural Law of the Federal University of
Espírito Santo.
