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Programa de Pós-Graduação em Direito Processual
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URL do programa: http://www.direito.ufes.br/pt-br/pos-graduacao/PPGDIR
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Navegando Direito por Autor "All, Paula Maria"
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- ItemA aplicação do forum non conveniens no ordenamento jurídico brasileiro no âmbito dos conflitos transnacionais(Universidade Federal do Espírito Santo, 2022-04-08) Saar, Isabela de Araujo; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Rocha, Thiago Gonçalves Paluma; Gonçalves, Tiago Figueiredo; http://lattes.cnpq.br/5320780300394578; All, Paula MariaThe present work is the result of the contributions of the research group "International Law and the Labyrinth of the Codification of International Civil Procedural Law - CNPq", inserted in the concentration area "Justice, Process and Constitution" and in the research line "Process, Constitutionality and Guardianship of Existential and Patrimonial Rights” of the Master's Degree in Procedural Law at UFES. This research has as its central hypothesis the analysis of the application of forum non conveniens in transnational conflicts presented to the Brazilian State. Through the deductive method of investigation, we seek to understand the forum non conveniens as a mechanism that allows the judge, in a discretionary way, to decline his jurisdiction due to the existence of another more suitable forum for processing the demand. Sometimes, the use of the institute intends to avoid abuses of rights in the choice of forum for filing a lawsuit by the author. However, the application of the doctrine is also evaluated in cases where, in the absence of abusiveness, it appears that the action will be judged more effectively and adequately in another forum, either because of the existence of greater elements of connection with the case, or for the ease in obtaining evidence, hearing witnesses and/or complying with the sentence. With this, the foundations, concepts and purposes will be demonstrated, as well as the techniques adopted by comparative law for the use of the institute. The process of harmonizing Private International Law and the bilateral, regional and multilateral instruments on the subject are also studied, including the European conventions and the Hague Conference, including the proposal for a Convention on jurisdiction discussed in the Organization in the last decades, the ALI/UNIDROIT and ELI/UNIDROIT instruments, as well as the TRANSJUS principles of ASADIP. The bases of international jurisdiction and the limits of Brazilian jurisdiction will also be explored, followed by Brazilian jurisprudence on the subject. Finally, the principles that authorize the adoption of the institute will be addressed in transnational conflicts that are presented to the Brazilian State, such as due process, access to justice, adequate competence and procedural efficiency. In the end, the work proposes objective criteria for the application of the doctrine in Brazil.
- ItemA comunicação direta na subtração internacional de menores: desafios de sua implementação no sistema processual brasileiro(Universidade Federal do Espírito Santo, 2025-05-19) Dondone, Isabela Tonon da Costa; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; https://orcid.org/0000-0002-7574-6128; http://lattes.cnpq.br/7390956730691966; Campos, Adriana Pereira; https://orcid.org/0000-0002-2563-4021; http://lattes.cnpq.br/1013756650302841; All, Paula Maria; https://orcid.org/0009-0005-2166-4257The purpose of this dissertation is to analyze the implementation of direct communication in international child abduction matters in the Brazilian procedural legal system. Given the various procedural issues in the framework of the 1980 Hague Convention on the Civil Aspects of International Child Abduction and its procedure based on speed and the principle of the best interests of the child, the aim is to answer how the procedural regulatory deficiency impacts or not on the application of Direct Judicial Communication. Therefore, the methodology adopted is deductive-inductive, using bibliographical, jurisprudential and documentary research and, in addition, using two qualitative data collection techniques: forms and interviews. The work is divided into two stages: the first, reflected in the first two chapters, provides a literature review on the subject, developing the foundations of International Legal Cooperation in the Brazilian legal system, as well as studying the International Abduction of Minors and its main procedural issues and, finally, analyzing the use of direct communication. The second part, in the meanwhile, is made up of the collection of a form sent to Brazilian liaison judges, as well as interviews with representatives of the Regional Secretariat for Latin America and the Caribbean of the Hague Conference, and the identification of the main consequences generated by the regulatory deficiency. The research is part of the Justice, Process and Constitution concentration area and the Justice, Constitutionality and Protection of Individual and Collective Rights research line. This dissertation was developed through participation in the Labyrinth of International Civil Procedure Codification Research Group (LABCODEX).
- ItemA mediação como técnica adequada para tratamento de conflitos envolvendo o direito comercial marítimo no Brasil(Universidade Federal do Espírito Santo, 2025-05-20) Silva, Flora Gaspar da; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; https://orcid.org/0000-0003-1579-3376; http://lattes.cnpq.br/5696240113026788; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; Calabuig, Rosario Espinosa; All, Paula Maria; https://orcid.org/0009-0005-2166-4257This research, conducted within the Master's Program in Procedural Law at UFES, investigates mediation as an appropriate method for resolving conflicts in Brazilian maritime commercial law. Maritime trade, vital to the global economy, handles billions of tons of cargo annually, generating numerous disputes that require swift and efficient solutions. In Brazil, however, judicialization and arbitration—costly and time-consuming methods—still predominate. The central issue is to understand how mediation is applied in this context, identify the most suitable disputes—such as chartering contracts and demurrage—and assess the impact of the Singapore Convention, which ensures the enforceability of transnational agreements, on its consolidation. The study is grounded in the premise that mediation is ideal for resolving cross-border commercial disputes but faces resistance due to a preference for traditional methods like litigation and arbitration. It is posited that the Convention may enhance its adoption by providing legal certainty. The general objective is to analyze the feasibility and challenges of mediation in the maritime sector, while specific objectives include characterizing maritime law, comparing conflict resolution methods, and exploring operators' perceptions through empirical research. The methodology integrates qualitative analysis, with bibliographic and normative reviews, and quantitative analysis, through a questionnaire (CAAE 78818624.9.0000.5542) using a Likert scale, applied to maritime law practitioners. The results, combining statistics and reflections, aim to identify mediable disputes, favorable factors, and obstacles, as well as evaluate the role of the Singapore Convention, signed by Brazil in 2021, in promoting mediation, thereby offering a framework for strengthening access to justice in the maritime sector. Ultimately, the research seeks to demonstrate that mediation, despite its promise of speed and preservation of commercial relationships, remains underutilized due to cultural, normative, and other barriers that will be examined.
- ItemANÁLISE DA CLÁUSULA DE ELEIÇÃO DE FORO EM CONTRATOS INTERNACIONAIS QUE ENVOLVAM EMPRESAS EM RECUPERAÇÃO JUDICIAL NO BRASIL(Universidade Federal do Espírito Santo, 2020-05-20) Rocha, Nathalia Canedo; Moschen, Valesca Raizer Borges; https://orcid.org/; http://lattes.cnpq.br/0322058380590726; https://orcid.org/; http://lattes.cnpq.br/; Bufulin, Augusto Passamani; https://orcid.org/; http://lattes.cnpq.br/8550788333713502; All, Paula Maria; https://orcid.org/; http://lattes.cnpq.br/Inserted in the field of Justice, Process and Constitution, in accordance to the research line of Process, Constitutionality and Protection of Existential and Patrimonial Rights of the Masters in Procedural Law of the Federal University of Espírito Santo,