Banca de DEFESA: André Luiz Salge Pereira

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : André Luiz Salge Pereira
DATE: 18/10/2022
TIME: 10:00
LOCAL: SALA DA DIREÇÃO - FACULDADE DE DIREIITO - UNB
TITLE:

THE SUPERIOR COURT OF JUSTICE, THE CIVIL PROCEDURE CODE OF 2015 AND THE PRECEDENT: Challenges for the performance of the superior court function from a new model of collegiate judgment

KEY WORDS:

Civil Procedure; Superior Court of Justice; Precedents (Law); Judicial decision; judgments; collegiate deliberation.

PAGES: 127
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study aims to understand the impact of the Civil Procedure Code of 2015 (CPC/2015) on the activities of the Superior Court of Justice (STJ), especially about the edition of precedents. Based on the theory of Luiz Guilherme Marinoni, that the Superior Courts should no longer play the role of a court of review, but of interpretation, and of Conrado Hübner Mendes, for whom the deliberations of the constitutional courts must be substantially collegiate, still passing through the analysis of statistical data (before and after the new code came into force), it was considered that very little progress had been made in this transition from the STJ as a superior court that produces dominant jurisprudence to one that edits precedents. The bottlenecks that limit the performance of this guiding function of society and collaboration with the Legislative Power in the development of Law are highlighted, as well as, in the end, a new proposal for collegiate deliberation procedure is suggested.

BANKING MEMBERS:
Externo à Instituição - LUIZ GUILHERME MARINONI - UFPR
Presidente - 2729067 - DANIELA MARQUES DE MORAES
Interna - 2373993 - DEBORA BONAT
Externa ao Programa - 3280011 - PAULA PESSOA PEREIRA