Banca de QUALIFICAÇÃO: Ana Karenina Silva Ramalho Duarte

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Ana Karenina Silva Ramalho Duarte
DATE: 29/09/2022
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/ meetup-join/19%3ameeting_ YTc3MGU3ZmQtMTQ0MC00N2Q4LThlYT YtYjc4ODExYm
TITLE:

"Judicial precedents; Sources of law; Legal Security; Litigiousness culture".

KEY WORDS:

Judicial precedents; Sources of law; Legal Security; Litigiousness culture.

PAGES: 50
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

thesis is to identify to what extent mandatory precedents may influence the social conduct, in the direction of preventing judicial litigiousness. The analysis is based on the inductive method and has its starting point on the context implemented by the Civil Procedure Code of 2015, that established the brazilian stare decidis . The question posed is whether the mandatory precedent formed in the Brazilian system is considered a source of law equivalent to the positive law, taking into consideration the culture influenced by civil law. This study faces the problem cited with the argument that the mandatory judicial precedent has the mission of protecting legal security, ensuring, therefore, the unity of the system in and out of the judicial process. It is understood that it is crucial to examine the role of the precedent beyond the judicial process, as a suitable instrument to achieve the 16th goal of the 2030 Agenda of the United Nations: Peace, Justice and strong institutions. Hence, based on empirical research on the impact of the REsp 1.340.553/RS, the analysis aims to demonstrate that it is possible to achieve the cited goal with regard to the Public Advocacy, considered one of the biggest litigants in Brazil.

BANKING MEMBERS:
Presidente - 2729067 - DANIELA MARQUES DE MORAES
Interna - 2373993 - DEBORA BONAT
Externo à Instituição - DIOGO PALAU FLORES DOS SANTOS - IESB