Name: PEDRO LUIZ DE ANDRADE DOMINGOS
Publication date: 04/07/2019
Advisor:
Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor * |
| HERMES ZANETI JUNIOR | External Examiner * |
Summary: There is an extensive doctrinal debate around the new Civil Procedure Code (2015), stimulating discussions that propose a rational and coherent unity of interpretation of rights to respond legitime expectatives about a Civil Justice appropriate to its contemporary age. Reflecting on design models of procedures for especial conflicts leads to ask about how the Courts judge their cases, and how specific performs and remedies degree, contribute to provide more efficiency on the judgments in substantive law. The research aims to address the origin, conception, and development of Public Law Litigation and Structural injunctions for complex litigation. By a comparative study, it was intended to argue about four perspectives: (1) the historical survey of the new litigation model in USA, and the incorporation of the ideias by Brazilian academy and your legal system own; (2) The systematization of aspects that can be approached as common points to identify it and that assist to conform your use in the national legal system; (3) The survey of the characteristics in this special litigation, wich allows to verify a standard of behavior for to guide the adjudication by the Courts, demonstrating the use of this specific perform for protecting rights, and the main differences between this form of litigation and the ordinary litigation. For towards the end of the research, (4) indicate the repositioning of the theory debate in the United States on structural injunctions, it as a kind of decisionmaker for review institutional behavior in the context of a complex litigation. Afterwards, we suggested that form of Cooperative Procedure in the brazilian legal system, it is suitable to receive these proposals.
Key Words: Structural Injunction; Complex Litigation; Cooperative Procedure; Collective Due Process; Public Law Litigation;
