Banca de DEFESA: Luísa Rocha Corrêa

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Luísa Rocha Corrêa
DATE: 21/12/2023
TIME: 18:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk0NDUzZDEtNzVlZS00ZTUxLWFhYWQtN2Q4NzAzZTUzO
TITLE:

The overstay of cases, accordingly to the article 1;035, 5^th paragraph of the Civil Procedure Code, and the enforcement of distinguishing: Na analysis of the reality inb the country’s main courts.

KEY WORDS:

Overstay, Distinction, Distinguish, Precedent, Apellate courts, Supremo Tribunal Federal

PAGES: 160
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The precedente system developed in countries belonging to the common law family was imported by the Civil Procedure Code of 2015 to Brazillian legal system, which would traditionally be linked to the civil law family. Thus some adjustments to the precedents institutes are necessary so that they can coexist with Brazil’s traditional legal institutes. In that Regard this work aims inicially to analyse whether distinguish, essential to the precedente system, has different concepts in Brazil and in the common law tradition, as well as to investigate its main characteristics and forms of application to verify the possibility of adapting the institute to apply it to cases of overstay cases that were introduced to Brazil’s law by the article 1.035, paragraph 5th of the Civil Procedure Code. Secondly, to verify the enforcement of the overstay institute in the Brazilian courts and it’s impacto on the justice system. To subsequently confirm whether the apellate courts are aplying the distinguish to cases that were bound by the overstay, if so, how that adoption is ocurring.

COMMITTEE MEMBERS:
Externa à Instituição - CRISTINA MENDES BERTONCINI CORREA - UFSC
Interna - 2729067 - DANIELA MARQUES DE MORAES
Presidente - 2373993 - DEBORA BONAT
Interna - 1150035 - FERNANDA DE CARVALHO LAGE