Direito

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http://repositorio.ufes.br/handle/10/17545
Programa de Pós-Graduação em Direito Processual

Centro: CCJE
Telefone: (27) 4009 7723
URL do programa: http://www.direito.ufes.br/pt-br/pos-graduacao/PPGDIR

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Navegando Direito por Assunto "1988 Constitution"

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    O Ministério Público e a unidade do ordenamento jurídico : o Ministério Público em 2º grau e a formação, aplicação e superação de precedentes no Código de Processo Civil de 2015
    (Universidade Federal do Espírito Santo, 2017-06-08) Amorim, Helder Magevski de; Zaneti Junior, Hermes; Almeida, Gregório Assagra de; Lima, Marcellus Polastri; Sousa, Pedro Ivo de
    The Public Prosecutor's Office1 is an institution that, according to the 1988 Constitution, must uphold and advocate for the legal system, the democratic regime, and the social and individual inalienable rights. The 1988 Constitution raised the Public Prosecutor's Office to the status of an institution to guarantee the fundamental rights. Such path has begun to be trodden in the 1970s, with the acknowledgement of the civil society interest as the driving motivation for its establishment. The Code of Civil Procedure of 2015 brings as a novelty a model of formally normative binding precedents. This is the result of a worldwide movement of harmonization between the traditions of civil law and common law, to which Brazil has not lost sight. The legal precedent became thus became a formal source of law. The Code of Civil Procedure of 2015 is responsible for breaking the methodological paradox that formerly existed between the 1988 Constitution and the Code of Civil Procedure of 1973. We now have a Code of Civil Procedure that dialogues with the Constitution, being concurrently and expressly subordinated to it. Since the 1988 Constitution has been entrusted with the task of ensuring the legal order and transindividual rights, the Public Prosecution Service must have an effective participation in the formation, application and overcoming of precedents. After all, it interferes in the life of the whole community. Specifically on the 2nd degree Public Prosecutor's Office - Attorneys of Justice and Regional Attorneys of the Republic, there arises an important field of action, which should be better understood so that those executive bodies can accomplish their constitutional objective of protecting the fundamental rights.