Dissertações de mestrado

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Navegando Dissertações de mestrado por Assunto "Ações possessórias"

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    A exceptio dominii no juízo possessório
    (Universidade Federal do Espírito Santo, 2019-05-29) Neves, Guilherme Valli de Moraes; Silvestre, Gilberto Fachetti; https://orcid.org/0000-0003-3604-7348; http://lattes.cnpq.br/7148335865348409; https://orcid.org/0000-0001-7100-7726; http://lattes.cnpq.br/3344143431973627; Goncalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Santos, Thiago Rodovalho dos; https://orcid.org/0000-0002-5402-7335; http://lattes.cnpq.br/5142974418646979; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833
    This study analyzes the cognitive limitation in typical writs of possession regarding the abstract and generic exclusion of the exceptio dominii, that is, the impossibility of discussion in the injunction procedure regarding other rights of ownership effectiveness on the thing (jus possidendi). Traditionally, the understanding is that in writs of possession of new force, only the jus possessionis (the possession itself) can be discussed. In this regard, the research focused on the option made by the Brazilian legislature for the treatment of the possessory phenomenon and the way in which the judicial mechanisms for its protection are put, more specifically the writs of possession. In order to do so, it was necessary to approach the possession as an autonomous right guarenteed by the law Worth of judicial protection, and treated the institute from the main legal theories that sought to explain and conceptualize it, namely: subjective theory, objective theory and social theories. After verifying the legal treatement of that kind of exception, the arguments found in legal literature to justify its prohibition, and taking in consideration the elements tha justify the protection of possession itself, the research revealed that the current understanding on the subject is not the better in the context of contemporary civil proceduralism. It has been revealed that the assumptions used - such as the need to protect the possesion in an effective and autonomous way and safeguarding social peace - are true, but do not lead to adequate and desired operability in the legal sphere regarding the existing procedure. This conclusion was reached when we analyzed the effectiveness of possession writs under the consideration of other fundamental values of the judicial procedure, especially of its reasonable duration, which drove us towards a new proposal to understand the domain exception within the possessory actions, making it admissible in the second stage of the procedure, since the article number 558 of the Code of Civil Procedure determines the transmutation of the special possessory procedure to the common procedure in which cognition may be extended. At the end, it finds that this proposal depends only on a new hermeneutics about the institutes, which is perfectly compatible with the current legislation and with the various theories and perceptions of the possessory phenomenon, simply by neglecting some overly formalist preconceptions that brings no benefit for the operability of the legal categories and the satisfaction of possessory conflicts sub judice.
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    Ações possessórias e o fluxo de técnicas diferenciadas
    (Universidade Federal do Espírito Santo, 2019-05-29) Puppin, Bárbara Altoé; Mazzei, Rodrigo Reis; https://orcid.org/0000-0003-0745-0461; http://lattes.cnpq.br/9840880011538012; https://orcid.org/; http://lattes.cnpq.br/4929374847203820; Bufulin, Augusto Passamani; https://orcid.org/0000-0003-3108-4932; http://lattes.cnpq.br/8550788333713502; Goncalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Freitas, Rodrigo Cardoso; https://orcid.org/0000-0002-5441-0887; http://lattes.cnpq.br/5272390680181329
    he present research is inserted in the thematic of the possessory actions and the flow of differentiated techniques foreseen in the Brazilian legal order, with the objective of verifying the possibility of the different possessory techniques compatibilization for the achievement of an efficient, adequate and timely judicial protection. For this, we examined the possession institute, in order to establish sufficient premises for the analysis of procedural law. Afterwards, a study was carried out on the procedural protection of tenure in the country's legal system, and then the typical possessory actions and their differentiated techniques were analyzed as provided for in the Code of Civil Procedure of 2015. In the end, it was verified that differentiated possessory techniques are only the provisional guardianship of new force and the limitation of horizontal cognition, which may pass between the atypical possessory actions, based on the procedural flexibility model adopted by the current procedural law, in order to draw the possessory procedure from the different techniques combination and adapt it to the material legal situation of the specific case. The research was developed through the hypothetical-deductive methodology and the documentary and bibliographical research technique, by qualitative approach and is linked to the research line, Constitutionality and Protection of Existential and Patrimonial Rights of the Post-Graduate Program in Procedural Law of the University Federal of Espírito Santo