Banca de DEFESA: Francisco Gonçalves Simões
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.STUDENT : Francisco Gonçalves Simões
DATE: 29/08/2022
TIME: 09:00
LOCAL: https://us04web.zoom.us/j/77705585745?pwd=Te9zEu5qJf5w0gNBagLS7SPB-P5Gb1.1
TITLE:
KEY WORDS:
Hart; Ronald Dworkin; Stare Decisis; Electoral Justice; Chain of Romances.
PAGES: 197
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
The adoption of a system of binding precedents by the Civil Procedure Code of 2015 requires a more detailed study of its systemic compatibility with the Electoral Justice. The present study takes, as a starting point, Hart's conception of the open texture of law and the rule of recognition, and how precedent can serve for a better understanding of law. In the next step, it revisits the debate between Hart and Dworkin, analyzing the proposal of Law as Integrity and the usefulness of the figures of the chain novel and of Judge Hercules in judicial adjudication in difficult cases, always under the prism of the importance of precedents. The internalization of these aspects of foreign doctrine in our legal system passes through the filter of neoconstitutionalism, putting under a magnifying glass the question of weighting judgments exercised by the Constitutional Court, with effects reverberating throughout the judicial system. The stare decisis, core of the binding effect of judicial precedents, is then analyzed, visiting its origin, its horizontal and vertical binding force and the reasons why the legal schoolars understands that precedents must be observed. Finally, the compatibility of a system of precedents with the Brazilian Electoral Justice is analyzed, notably under the sign of artigos 926 and 927 of the Civil Procedure Code of 2015, and light is shed on electoral jurisdiction, studying judgments of the Superior Electoral Court under the prism of the temporality of the terms of its members, the use of monocratic decisions in disagreement with decisions of the collegiate , the effects that electoral legislation produces in neglecting the observance of precedents, the decisions that remove the law and precedents to impose justice in the specific case, culminating in the measurement of the constant changes in jurisprudence that authorize the perception of what is called chain of romances
BANKING MEMBERS:
Externo à Instituição - LUIZ EDSON FACHIN - UFPR
Presidente - 2373993 - DEBORA BONAT
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externa ao Programa - 3280011 - PAULA PESSOA PEREIRA