Banca de DEFESA: RODRIGO NERY CARDOSO

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : RODRIGO NERY CARDOSO
DATE: 05/05/2025
TIME: 14:00
LOCAL: SALA DE VIDEOCONFERÊNCIA - FACULDADE DE DIREITO - UnB
TITLE:

Rethinking action and jurisdiction in brazilian civil procedure.

KEY WORDS:

Right of action; Jurisdiction; Rethink; Procedure; Judiciary; Arbitration.

PAGES: 238
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis reflects on right of action and jurisdiction in Brazilian law. Based on the findings of various theoretical and practical problems related to the current definitions of these two concepts, this thesis suggests overcoming the former and re-signifying the latter, in order to establish a new way of understanding access to the judiciary and arbitration in Brazil. The research conducted posits the idea that the notion of right of action, as a synonym for guaranteeing the possibility of access to the Judiciary and arbitration, is dispensable and not recommended. Likewise, this study indicates that the notion of jurisdiction should be reconfigured, to be understood as a legal norm, responsible for the entire jurisdictional phenomenon, which also involves the set of legal positions that guarantee access to the Judiciary and arbitration. This new way of defining the concept of jurisdiction is more coherent and does not suffer from the same defects as the definitions that currently exist

COMMITTEE MEMBERS:
Presidente - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Interna - 2729067 - DANIELA MARQUES DE MORAES
Interna - 3280011 - PAULA PESSOA PEREIRA
Externo à Instituição - ANTONIO DO PASSO CABRAL - UERJ
Externa à Instituição - TERESA CELINA DE ARRUDA ALVIM - PUC - SP