Mestrado em Direito Processual
URI Permanente para esta coleção
Nível: Mestrado Acadêmico
Ano de início: 2006
Conceito atual na CAPES: 4
Ato normativo:
Homologado pelo CNE (Port. MEC 946 de 29/11/2021). Publicado no DOU 30/11/2021, seç. 1, p. 63. Parecer CNE/CES nº 499/2017.
Periodicidade de seleção: Semestral
Área(s) de concentração: Justiça, Processo e Constituição
Url do curso: https://direito.ufes.br/pt-br/pos-graduacao/PPGDIR/detalhes-do-curso?id=1512
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- ItemRepercussão geral em matéria tributária e a vinculação da administração pública municipal: um estudo da prática da Região Metropolitana de Vitória(Universidade Federal do Espírito Santo, 2025-05-07) Pereira, Bianca Sarmento Persici; Ricardo Gueiros Bernardes Dias; https://orcid.org/0000-0003-1917-5284; Jeveaux, Geovany Cardoso; Pedra, Adriano Sant'Ana; Amaral Junior, José Levi Mello doThe dissertation investigates the effects of the theses established by the Brazilian Federal Supreme Court under the general repercussion system within the scope of Municipal Public Administration, with a focus on the practices of municipal attorney offices in the Metropolitan Region of Vitória, particularly in tax matters. The study begins with the observation that the consolidation of a system of binding precedents—especially after the enactment of the 2015 Civil Procedure Code—has imposed new duties of coherence and uniformity on both administrative and judicial decisions. However, the adherence of municipalities to STF theses still faces institutional, interpretative, and normative resistance, often justified by the principle of strict legality and the perceived lack of binding effect on the Executive Branch. The research adopts a qualitative methodology, based on bibliographic and empirical analysis through the application of questionnaires to municipal attorneys. The results reveal that factors such as fluctuating case law from higher courts, the absence of internal regulation, and the interpretative autonomy of municipal legal departments influence how these theses are incorporated into administrative practice. The study concludes that, although the binding decisions of the Supreme Court are part of administrative legality, their effective implementation requires institutional efforts toward normative rationalization, the strengthening of legal certainty, and a cultural shift in the practices of municipal entities.
- ItemA devida negociação criminal : técnicas procedimentais adequadas da justiça penal negociada(Universidade Federal do Espírito Santo, 2024-05-28) Ferreira, Tiago Loss; Dias, Ricardo Gueiros Bernardes ; https://orcid.org/0000-0003-1917-5284; http://lattes.cnpq.br/7071302456614853; https://orcid.org/0000-0003-1566-9869; http://lattes.cnpq.br/0731528987176134; Suxberger, Antonio Henrique Graciano ; https://orcid.org/0000-0003-1644-7301; http://lattes.cnpq.br/9136957784681802; Freire Júnior, Américo Bedê ; https://orcid.org/0000-0003-0128-8790; http://lattes.cnpq.br/0136827472164962; Silvestre, Gilberto Fachetti ; https://orcid.org/0000-0003-3604-7348; http://lattes.cnpq.br/7148335865348409The adoption of consensus techniques in Brazilian criminal law presents itself as a preventive and remedial measure in the face of the overload of criminal cases brought to the Court for analysis, and its consequent inability to resolve in a timely manner the high number of accusations that are presented to it on a daily basis. Faced with this scenario, it is observed, mainly from the American legal experience, that encouraging the use of agreements to resolve criminal cases can be an effective means of enabling the delivery of timely criminal protection. Thus, enthusiasm is established towards criminal negotiation and its proposal for rapid conflict resolution. It turns out that such an impulse should not override the content of due process of law, since, by virtue of an express constitutional provision, all processes taking place in Brazilian territory must comply with the dictates of fair process. There is no valid, perhaps fair, process that violates reasonableness and adequacy. In this sense, this research proposes to make the ideals of fair process compatible with criminal negotiation to build a new concept in the Brazilian legal system: due criminal negotiation. Added to this is the exploration of its content, namely: legislative authorization to negotiate; respect for express criminal constitutional guarantees; existence of just cause to start negotiations; voluntariness in the development of negotiations and monitoring by technical defense; and the role of the magistrate in approving and executing agreements. To this end, methodologically, a critical analysis of specialized national and American legal literature is undertaken, an assessment of the scope and limits of Brazilian consensus instruments (civil composition of damages; criminal transaction; non criminal prosecution agreement; conditional suspension of the process ; and award-winning collaboration) and North Americans (plea bargaining and its consequences) and the comparison of paradigmatic judgments, with the aim of constructing the content of fair criminal negotiation. In this scenario, the following problem was fixed: what is proper criminal negotiation and what are its appropriate procedural rites. Therefore, in addition to the theoretical approach, this work – attentive to the legislative shortage – aims to assist the daily forensic work of magistrates, prosecutors, attorneys and public defenders who are faced with the possibility of resolving criminal cases through consensus, but are prevented from signing agreements due to procedural difficulties that permeate the modus operandi to be adopted in criminal negotiation (time for execution; permitted conditions; participation of the judge; possibility of subsequent review of the agreed terms; challenge the refusal to offer by sending the records to the reviewing ministerial body; possibility of application in cases of agent competition; etc.). Thus, the present work aims to establish the conceptual contours of fair negotiation and present procedural techniques suitable for its daily use
- ItemProporcionalidade processual e precedentes : aplicações no processo coletivo e IRDR(Universidade Federal do Espírito Santo, 2025-01-23) Schneider, Stella Reis; Zaneti Junior, Hermes; https://orcid.org/0000-0001-6461-6742; http://lattes.cnpq.br/5343355826023519; https://orcid.org/0009-0009-0599-647X; http://lattes.cnpq.br/9619675399805601; Rodrigues, Marcelo Abelha ; https://orcid.org/0000-0002-0849-6843; http://lattes.cnpq.br/9016704359432294; Osna, Gustavo; https://orcid.org/0000-0001-5723-1166; http://lattes.cnpq.br/6404084238253036The overburdening of the judicial system is a problem that directly impacts the conception of effective access to justice. Although the democratization of access is a constantly pursued goal, its guarantee also generates undesirable side effects such as system congestion, case repetition, and predatory litigation. Legal literature indicates that the adversarial culture is a contributory factor to the individualism entrenched in the Brazilian procedural model. In daily practice, the difficulty in embracing the cooperative model is observed, which, combined with mistrust regarding the use of collective and aggregative methods for case resolution, reduces the judge to a mere adjudicator of cases. Resistance to judicial decisions (access to higher courts through multiple appeals) and the repeated violation of rights by large litigants exacerbate the situation. Given this scenario, the research employs a discursive method based on dialectical data analysis of bibliographic and jurisprudential sources, proposing the use of the principle of procedural proportionality 3 the central idea 3 as a tool for case management. Drawing from the concept of the three-dimensionality of justice, the research identifies bases for tailoring procedures and efforts to the complexity of each case, determining the necessary resources and the reasonable time for problem resolution. The identified problem requires the judiciary to position itself as a problem-solver addressing the root causes of repetitive cases or recurrences, rather than merely adjudicating cases, which fails to resolve the overload and congestion. The importance of precedents, collective procedures, and the Incident of Resolution of Repetitive Demands (IRDR) is highlighted in the operation of a more efficient, rational, and just system. In the research, repetitiveness 3 as a symptom 3 is treated as a crucial element for adopting precedents, collective procedures, and the IRDR as case management techniques. By implementing the principle of procedural proportionality within the three-dimensional view of justice and establishing precedents, the study aims to demonstrate that collective procedures and the IRDR are effective solutions for promoting effective access to justice
- ItemTransporte de técnicas processuais no âmbito das ações possessórias multitudinárias(Universidade Federal do Espírito Santo, 2024-05-27) Manga, Mariany de Souza; Co-orientador1; https://orcid.org/; http://lattes.cnpq.br/; Co-orientador2; https://orcid.org/; http://lattes.cnpq.br/; Co-orientador3; https://orcid.org/; http://lattes.cnpq.br/; Co-orientador4; ID do co-orientador4; Lattes do co-orientador4; Mazzei, Rodrigo Reis ; https://orcid.org/; http://lattes.cnpq.br/; Orientador2; https://orcid.org/; http://lattes.cnpq.br/; https://orcid.org/; http://lattes.cnpq.br/; Gonçalves, Tiago Figueiredo ; https://orcid.org/; http://lattes.cnpq.br/; Melo, Marco Aurélio Bezerra de ; https://orcid.org/; http://lattes.cnpq.br/; Prado, Karine Monteiro ; https://orcid.org/; http://lattes.cnpq.br/; 4º membro da banca; http://lattes.cnpq.br/; 5º membro da banca; https://orcid.org/; http://lattes.cnpq.br/; 6º membro da banca; https://orcid.org/; http://lattes.cnpq.br/; 7º membro da banca; https://orcid.org/; http://lattes.cnpq.br/The procedural protection of collective possession is analyzed through the combination of studies between multitudinous possessory conflicts, structural conflicts and procedural techniques available in the Brazilian legal system, with the objective of verifying the possibility of compatibility and effective transport of procedural techniques in the context of possessory conflicts involving a large number of people, conflicts related to dispute of possession and other collective conflicts, in order to obtain adequate and efficient judicial protection, which effectively allows the resolution of conflicts brought before the Judiciary. To this end, it was necessary to highlight some general ideas about the protection of possession, in order to establish basic premises for the development of the research. The theme of the social function of property and possession was addressed, in order to support the discussion about possessory on possessory protection in general. The main points relating to multitudinous possessory conflicts and conflicts related to dispute over possession were also emphasized. Afterwards, it was found that the multitudinous possessory conflict can be framed as a structural conflict, and from this some techniques of the structural process were highlighted for the identification of those that would enable eventual transport. The possibility of importing and exporting procedural techniques was also evalueted, based on the model of procedural flexibility supported by the Brazilian Code of Civil Procedure of 2015. Finally, it was identified that the techniques compatible with the protected material right can be transported, as a form of procedural adaptation, allowing the creation of a model outline for the procedural treatment of multitudinous possessory conflicts. The research was developed through bibliographic and legislative techniques, through the deductive method, and is linked to the research line Process, Techniques and Protection of Existential and Patrimonial Rights of the Postgraduate Program in Procedural Law of the Federal University of Espírito Santo
- ItemBoa-fé processual e preclusão : a insubsistência da tese das “nulidades de algibeira”(Universidade Federal do Espírito Santo, 2024-06-07) Henriques, Felipe Sardenberg Guimarães Trés; Silvestre, Gilberto Fachetti ; https://orcid.org/0000-0003-3604-7348; http://lattes.cnpq.br/7148335865348409; https://orcid.org/0000-0001-9976-7284; http://lattes.cnpq.br/7550900774360494; Jorge, Flavio Cheim; https://orcid.org/; http://lattes.cnpq.br/9984015724596759; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833; Sica, Heitor Vitor Mendonça ; https://orcid.org/0000-0002-4861-8139; http://lattes.cnpq.br/3801088449482436Objective: This research delves into the realm of procedural invalidities in Brazilian civil procedure law, examining the role of procedural good faith and the legal framework of procedural preclusion as outlined in the Civil Procedure Code. It aims to assess the feasibility of the “pocket nullities” thesis, initially formulated by the Third Chamber of the Superior Court of Justice. Issue: The application of the “pocket nullities” thesis implies that all procedural flaws are subject to preclusion, primarily due to procedural good faith (Article 5) and cooperation (Article 6). Problem: Can the general principle of procedural good faith prevent parties from raising, and judges from recognizing, procedural flaws not raised at the appropriate procedural juncture? Methodology: This study employs a qualitative documentary analysis of legal literature, the Civil Code, the Civil Procedure Codes of 1939, 1973, and 2015, Regulation No. 737 of 1850, and rulings from the Third and Fourth Chambers of the Superior Court of Justice. Using a deductive approach, it starts from major premises considered true, which are then subjected to minor premises, culminating in a logically descending movement to propose a thesis on the insubstantiality of “pocket nullities”. Results: The “pocket nullities” thesis lacks support in Brazilian civil procedural law. The research found that its application conflicts with the legal regime of preclusions and procedural invalidities, as well as with principles highlighted in legal literature, by the Superior Court of Justice, and within procedural law itself. Contributions: In addition to demonstrating the inadequacy of “pocket nullities” in optimal procedural practice, the research offers a proactive thesis suggesting their redundancy in addressing belated claims of procedural invalidities. From a practical standpoint, the study identifies existing legal mechanisms to address late claims of nullity. If a procedural act fails to achieve its purpose or causes harm to the parties or the administration of justice, nullity should be decreed, even if not raised at the first opportunity for the party to express themselves in the proceedings. From a societal perspective, this ensures the delivery of judicial services to litigants while safeguarding legal certainty and preventing interpretive abuses aimed at circumventing applicable normative formulations through vague syntagms