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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Submissões Recentes
- ItemO Supremo Tribunal de Justiça e a formação da jurisprudência processual criminal no Brasil imperial (1829-1841)(Universidade Federal do Espírito Santo, 2025-01-01) Carlete, Juliana Barbosa; Campos, Adriana Pereira; https://orcid.org/0000-0002-2563-4021; http://lattes.cnpq.br/1013756650302841; https://orcid.org/0009-0006-5155-2085; http://lattes.cnpq.br/7072086923373304; Cabral, Trícia Navarro Xavier; https://orcid.org/0000-0002-0302-2972; http://lattes.cnpq.br/; Acosta, Carlos Antonio Carriga; https://orcid.org/0000-0003-2543-6938; http://lattes.cnpq.br/9506230466953639This dissertation analyzes the performance of the Brazilian Supreme Court between 1829 and 1841, focusing on the formation of criminal procedural jurisprudence in Imperial Brazil. The research investigates the legal admissibility criteria of the review appeal - manifest nullity and notorious injustice. The study is based on the hypothesis that the Supreme Court of Justice played a significant role in consolidating a national legal system, while also assessing whether such legal grounds were effectively observed in the rulings or rhetorically mobilized to support the subjective positions of the justices, detached from strict legal reasoning. An empirical methodology is adopted, based on content analysis of 969 decisions issued by the Court during the defined period. Initially, a historical mapping of the institutional influences that shaped the model of the Brazilian Supreme Court is conducted, highlighting the Portuguese “Casa da Suplicação” and the French “Cour de Cassation”. Subsequently, a statistical analysis of the Court's case law is developed. Finally, Laurence Bardin’s content analysis method is applied to examine the legal reasoning employed in the decisions, with special attention to the interpretation of the concepts of manifest nullity and notorious injustice, which serve as admissibility requirements for the review appeal. The study reveals that, despite the absence of precise legal definitions for these concepts, the Supreme Court of Justice developed interpretative practices that brought relative stability to its jurisprudence. Thus, it was found that, during the analyzed period, the Court operated both as a body of legal control and as an agent of unification of the imperial judicial system. In this context, the research offers an original contribution to the history of Brazilian criminal procedural justice by systematizing and interpreting the functioning of a court still largely unexplored by legal historiography, shedding light on the structural aspects of 19th-century legal culture and the institutionalization of criminal procedural law in Brazil
- ItemTutela inibitória coletiva como instrumento adequado à proteção dos direitos da pessoa com deficiência no ambiente de trabalho(Universidade Federal do Espírito Santo, 2025-05-16) Bridi, Mateus Garcia; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; https://orcid.org/0009-0009-7798-6641; http://lattes.cnpq.br/8279033371024843; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Santos, Edilton Meireles de Oliveira; https://orcid.org/0000-0002-9312-6854; http://lattes.cnpq.br/6602550613140098; Pereira, Ricardo José Macedo de Britto; https://orcid.org/0000-0003-4510-8894; http://lattes.cnpq.br/5151649835128510Object: this research analyzes, from the perspective of the collective rights protection system, the use of inhibitory injuction as an appropriate tool for safeguarding the rights of people with disabilities in the workplace. Problematic: the use of injuctions that lack a preventive nature in the protection of transindividual rights proves to be ineffective, especially because they do not prevent the occurrence or recurrence of unlawful acts. Problem: how can the procedural instruments of inhibitory injuction make the rights of people with disabilities in the workplace more effective? Methodology: the methodology consists of a qualitative documentary analysis of legal literature, the Code of Civil Procedure, the Consolidation of Labor Laws, the Consumer Defense Code, the Public Civil Action Law, and LOMPU, as well as some rulings from the Superior Labor Court throughout the research. The study starts from major premises considered true, submitting them to minor premises, to logically demonstrate how inhibitory injuction can be more suitable for protecting the rights of people with disabilities in the work environment. Results: collective inhibitory remedies have procedural techniques that can be more suitable for the protection of transindividual rights, especially when compared to compensatory remedies. Contributions: the research revealed that to fully enable people with disabilities to access the workplace, it is necessary to use remedies with a preventive nature. The study also shows that the techniques present specifically in inhibitory injuction provides the claimant and the judge with the means to adopt necessary measures to correct and eliminate accessibility barriers, thus providing a suitable and healthy work environment. From a procedural perspective, it encourages and fosters a greater scenario for the use of inhibitory injuction by judges as a tool to achieve more effective protection. From a doctrinal perspective, it stimulates discussion on the protection of transindividual rights and how to protect them more adequately and effectively, as well as presents an imperative scenario regarding the rights of people with disabilities in the workplace. From a social perspective, it allows judicial rulings to meet the needs of people with disabilities in exercising their constitutional rights to citizenship and access to the work environment. Research line: This research is part of Line 1 of the Graduate Program in Procedural Law at the Federal University of Espírito Santo (PPGDIR-UFES): “Justice Systems, Constitutionality, and Protection of Individual and Collective Rights.”
- 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.
- ItemPassado, presente e futuro do IRDR: considerações em torno dos fundamentos para criação da técnica processual e desdobramentos da realidade prática do instituto nos 10 (dez) anos de CPC/2015(Universidade Federal do Espírito Santo, 2025-05-30) Jorge, Raquel dos Santos; Rodrigues, Marcelo Abelha; https://orcid.org/0000-0002-0849-6843; http://lattes.cnpq.br/9016704359432294; https://orcid.org/0009-0008-6468-7055; http://lattes.cnpq.br/7126657032250673; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833; Silva, Beclaute Oliveira; https://orcid.org/0000-0002-6394-5891; http://lattes.cnpq.br/2567266014708590This dissertation analyzes, based on the constitutional foundations for the creation of the Incident of the Repetitive Demand Resolution Incident – IRDR technique and its provision in the Brazilian Civil Procedure Code – CPC/2015, notably with regard to the unity and scope of the fundamental standards of reasonable duration, equality and due process of law, whether in the 10 (ten) years of validity of the CPC/2015, these values are being promoted by the practical use of the technique. In this research, we intend to present an attempt to systematize the fundamental rules of civil procedure and the practical scope of IRDR in the 10 (ten) years in which it has become a perennial technique in the Brazilian legal system, whether the institute contributes to the concretion of the fundamental rule for which it is intended, or whether it has been gaining strength as a tool for reducing the overload and case management within the scope of the national courts. The study emphasizes the objective and subjective structure of IRDR, with the objective of analyzing temporal aspects related to the maturation of debates, the exercise of adversarial proceedings, participation and influence in the construction of the foundations for establishing the thesis, as well as its effectiveness and scope for those who did not participate in the debate, going through the problems that the institute faces in practice in order to concretize the reasonable duration, equality and legal certainty outlined in the fundamental rule. The present study is guided by the attempt to present a temporal cut of the institute since the Preliminary Draft of the CPC/2015, going through its use in the present and what is expected of the handling of the technique in the future, the study proposes, from the prism of justice as a value, to encourage reflection around the contributions of the technique and expectations of practical improvement for the future, notably that which envisions in the IRDR the potential to serve as a homeostatic mechanism, balancing the paradigms of formal legality with that of case management and innovation, for the promotion of an efficient justice system and the achievement of an ideal of isonomy and legal certainty previously expected.
- ItemAnálise da (in) compatibilidade do plea bargaining com o processo penal brasileiro(Universidade Federal do Espírito Santo, 2025-05-19) Machado, Amanda Misael; Dias, Ricardo Gueiros Bernardes ; https://orcid.org/0000-0003-1917-5284; http://lattes.cnpq.br/7071302456614853; https://orcid.org/0000-0001-5063-048X; http://lattes.cnpq.br/0904744952481643; Suxberger, Antonio Henrique Graciano ; https://orcid.org/0000-0003-1644-7301; http://lattes.cnpq.br/9136957784681802; Rocha, Claudio Iannotti da ; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269This master’s dissertation analyzes the (im)possibility of importing a U.S. criminal negotiation institute into the Brazilian legal system: Plea Bargaining. Generally, plea bargaining can be defined as the exchange of official concessions in return for the defendant’s confession. Although succinct, the proposed concept identifies the two essential elements for characterizing the institute under analysis: (a) concessions granted by the State, in exchange for (b) the defendant’s admission of guilt, either through direct confession or by choosing not to contest their guilt. On this subject, the research sought to determine whether the adoption of plea bargaining, as a mechanism to expedite the final judicial response, is compatible with Brazilian criminal procedure. In particular, it analyzed the legislative bills proposed by Brazilian lawmakers attempting to incorporate plea bargaining into the country’s legal framework. The research also examined the origins of plea bargaining, the evolution of the procedure, and the controversies surrounding this U.S. institute. By concluding on its compatibility with the guiding principles of the national criminal process, the study aimed to establish a proper understanding of the institute and propose possible improvements to guide the approval of criminal agreements. In conclusion, although the abbreviated procedure dispenses with full evidentiary hearings, it does not authorize the complete elimination of a minimally qualified evidentiary basis. The requirement of sufficient evidence beyond the confession emerges as a balancing point, as it combines procedural efficiency with the preservation of the defendant’s guarantees. In this context, the study advocated the adoption of an intermediate evidentiary standard, which, while lower than the “proof beyond a reasonable doubt” required in a full trial, does not accept an isolated confession, demanding its corroboration by minimal extrinsic evidence