Banca de DEFESA: REBECA PEIXOTO LEÃO ALMEIDA GONZALEZ

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : REBECA PEIXOTO LEÃO ALMEIDA GONZALEZ
DATE: 15/05/2024
TIME: 15:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

RESCISSION ACTION FOR VIOLATION OF PRECEDENT: PREREQUISITES AND LIMITS FOR REALIZING THE RIGHT TO ACESS À JUSTICE

KEY WORDS:

Rescission action. Precedent. Acess to justice. Manifest violation. Legal norm.

PAGES: 122
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In the current scenario of judicial congestion and erratic adjudication, the adoption of precedents can be considered a relevant measure for the realization of the fundamental right to access to justice on dual fronts: ensuring the effective and equal protection of rights, especially fundamental rights, and increasing the speed of judicial activity, a prerequisite for practically realizing the right to access to justice. However, the legal provision has not proved sufficient to promote a paradigmatic change in judicial performance. In this context, through bibliographical and empirical research, we propose a study of the rescission action for manifest violation of precedent. The research uses as a theoretical lens the conception of the right to access to justice as a guarantee of effective, swift and isonomic protection, since there is a fine line between the possibility of the rescission action for violation of precedent giving effectiveness to the right to access to justice and the potential for this procedural instrument to impose barriers to the proper functioning of the Judiciary and, ultimately, to access to justice itself. The theoretical perspective adopted dialogues with the research project "The universalization of access to justice through the democratic practice of participation and the manifestation of the gaze of the other", authored by advisor Professor Doctor Daniela Marques de Moraes. Based on an analysis of all the decisions by the STF in 2022 and 2023, which dealt with the cognizance or dismissal of rescission actions filed under the CPC/15, interpretative vectors were identified for defining the assumptions of this hypothesis of rescindability. In conclusion, we advocate for the delineation of the prerequisites and limits for rescissory action in cases of precedent violation as a way of contributing to its efficacy, when its proper scope of application is clearly defined, and to avoid its transformation into an instrument for protracting judicial deliberations and unduly encouraging the filing of adventurous rescission actions.

COMMITTEE MEMBERS:
Interno - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Externo à Instituição - DANIEL FRANCISCO MITIDIERO - UFRGS
Interna - 2729067 - DANIELA MARQUES DE MORAES
Interna - 1150035 - FERNANDA DE CARVALHO LAGE