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
- ItemAcesso à justiça no objetivo de desenvolvimento sustentável nº 16 da agenda 2030 da ONU na perspectiva da justiça do trabalho(Universidade Federal do Espírito Santo, 2025-05-16) Sales, Geiziele Gomes Noronha; Rocha, Claudio Iannotti da; https://orcid.org/0000-0003-2379-2488; http://lattes.cnpq.br/6857649862156269; https://orcid.org/0009-0009-8580-6049; http://lattes.cnpq.br/; 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/5151649835128510; Moschen, Valesca Raizer Borges ; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726The research addresses the role of the Labor Judiciary in implementing the Right of Access to Justice as established in Sustainable Development Goal (SDG) 16 of the United Nations 2030 Agenda. It was developed within the Postgraduate Program in Procedural Law at the Federal University of Espírito Santo, under the research line "Justice Systems, Constitutionality, and Protection of Individual and Collective Rights," as well as within the Research Group "Labor, Social Security, and Procedure: Dialogues and Critiques" (UFES-CNPq).The 2030 Agenda is presented as a global and participatory work project aimed at realizing Human Rights in their various facets. In turn, SDG 16 seeks to strengthen institutions through participatory and inclusive means, ensuring equal access to justice. Within this context, the research problem is to understand how the Labor Judiciary acts to fulfill the right of access provided in the 2030 Agenda, based on the following question: What institutional programs have been implemented by the Labor Judiciary to enforce the right of access to justice as outlined in SDG 16 of the UN 2030 Agenda? The hypothesis is that the realization of the right of access occurs primarily through technological tools, procedural automation, and virtualization of access, thereby simplifying the normative content of the right of access. This hypothesis was only partially confirmed, as the Labor Judiciary has been working to implement SDG 16 through programs that both promote and regulate the use of technological tools, viewing reasonable duration of proceedings and procedural speed as core components of the right of access. However, the focus is not limited to these aspects, as there is a strong concern with communication as well. The research analyzes institutional programs developed within the Innovation and SDG Laboratories (LIODS) of the National Council of Justice (CNJ), limited to labor judiciary bodies. The general objective of the research is to map and analyze which institutional programs are used by the labor judiciary bodies to implement SDG 16 of the UN 2030 Agenda. The specific objectives include understanding the content of the right of access to justice as envisioned in the 2030 Agenda from the perspective of the Labor Judiciary, and how the implemented programs contribute to the realization of this right as protected by the Brazilian Constitution.To achieve these goals, the research adopts a deductive method with a qualitative approach, using bibliographic research, the content of the UN 2030 Agenda, and the programs registered with the National Council of Justice (CNJ) by the Superior Council of Labor Justice, the Superior Labor Court, and the Regional Labor Courts within their respective Innovation and Sustainable Development Goal Laboratories (LIODS). The theoretical framework adopted is based on the theory developed in the work of Marc Galanter
- ItemIntervenção de terceiros no incidente de desconsideração da personalidade jurídica : hipóteses típicas e atípicas(Universidade Federal do Espírito Santo, 2025-05-20) Dummer, Diego Gomes; Gonçalves, Tiago Figueiredo ; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; https://orcid.org/0009-0009-9270-258X; http://lattes.cnpq.br/4808724872355663; 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; Temer, Sofia Orberg ; https://orcid.org/; http://lattes.cnpq.br/7239307536609776This dissertation explores the legal contours and possibilities of third-party intervention in the incident of piercing the corporate veil (Incidente de Desconsideração da Personalidade Jurídica – IDPJ), in light of the constitutional principles governing contemporary civil procedure. Acknowledging the increasing complexity of legal relations and the need to transcend the traditional rigidity of the concept of legal interest, the study proposes a reinterpretation of this notion to enable the participation of parties potentially affected by the outcomes of the IDPJ. Employing a dogmatic and analytical methodology, the research integrates historical and critical analyses of patrimonial autonomy and the theory of disregard of legal personality, alongside a systematic study of both typical and atypical forms of third-party intervention, such as joinder, amicus curiae and anomalous intervention. It is argued that the IDPJ, given its sensitivity and far-reaching effects, requires broader openness to third-party participation, ensuring a qualified adversarial process and preventing procedural harm. The dissertation advances a theoretical and practical framework for third-party interventions in the IDPJ, offering objective criteria for their admission, particularly during evidentiary phases. The study concludes that the cooperative model of contemporary civil procedure demands flexible forms of standing, emphasizing the need for specific regulation to ensure legal certainty, procedural effectiveness, and compliance with due process in cases involving third-party intervention. Thus, this research contributes to the enhancement of the Brazilian procedural system, aligning it with constitutional values and the demands of democratic participation and judicial efficiency
- ItemA aplicação do direito processual penal na província do Espírito Santo (1830 a 1871) sob uma perspectiva de gênero(Universidade Federal do Espírito Santo, 2025-05-13) Baptista, Gabriela Otoni; Campos, Adriana Pereira; https://orcid.org/0000-0002-2563-4021; http://lattes.cnpq.br/1013756650302841; https://orcid.org/0009-0005-7979-6850; http://lattes.cnpq.br/9260162940015971; Moschen, Valesca Raizer Borges; https://orcid.org/0000-0003-3974-8270; http://lattes.cnpq.br/0322058380590726; Mansur, João Paulo; https://orcid.org/0000-0002-5849-992X; http://lattes.cnpq.br/3453663305033129This research analyzes the application of Criminal Procedure Law in the Province of Espírito Santo between 1830 and 1871, through a gender perspective. Digitized criminal case files available at the Public State Archive of Espírito Santo (APEES) were used as primary sources. These documents were selected based on the belief that they allow for a detailed analysis of cases involving women as either victims or defendants. The central objective was to understand the context in which the Criminal Code (1830) and the Code of Criminal Procedure (1832) were enacted and to examine the extent to which patriarchal social values may have influenced judicial decisions and the application of the norms established by these new legal instruments. Furthermore, the study sought to investigate whether, after a long period under the severe Portuguese Ordenações, there was room in 19th-century Brazil for legislation of a more liberal nature. To this end, it was analyzed how, in the midst of numerous innovations and changes during a period marked by legislative effervescence, criminal procedure law was shaped. The research revealed that the liberal enthusiasm surrounding the legal reforms introduced by the 19th-century codes — formally breaking with the rigidity of the Ordenações Filipinas and promoting procedural guarantees more aligned with social aspirations — was not enough to consolidate a true rupture with conservative social and moral values. Consequently, a reactionary movement soon prompted significant reforms to the procedural criminal framework. Within this context, gender inequalities also became evident, particularly in the lack of space afforded to women within criminal proceedings, the harsher moral judgment imposed upon them, and their subjugation in cases where they acted as perpetrators of violence. It is concluded that the history of women in the 19th-century Espírito Santo criminal justice system is a silent one, yet undeniably present—whether in the passive or active role within violent scenarios
- ItemCritérios para a caracterização dos embargos declaratórios como manifestamente protelatórios(Universidade Federal do Espírito Santo, 2025-05-22) Souza, João Vitor dos Santos de; Jorge, Flavio Cheim ; https://orcid.org/; http://lattes.cnpq.br/9984015724596759; https://orcid.org/0000-0002-0467-0277; http://lattes.cnpq.br/4725408722403398; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833; Gonçalves, Tiago Figueiredo; https://orcid.org/0000-0002-4064-3567; http://lattes.cnpq.br/5320780300394578; Côrtes, Osmar Mendes Paixão ; https://orcid.org/0000-0003-2237-7493; http://lattes.cnpq.br/0732893752787600The research aims to clarify and systematize criteria for classifying the motion for clarification as dilatory, based on the article 1.026, §2 of the Brazilian Civil Procedure Code (CPC/2015), with the intent of eliminating the judicial discretion and ensuring a more predictable scenario with legal certainty for the parties. This paper begins with a historical contextualization of the motion for clarification in order to understand its theoretical basis and the effects surrounding it in the civil procedural system. Subsequently, the study seeks to highlight the role and potential of the motion for clarification in the protection of constitutional guarantees applicable to civil procedural law, rescuing it from its often undervalued status. Thereafter, it is established the premise of the dilatory motion for clarification as a type of procedural offense of bad-faith litigation, as set out in article 80, section VII, subspecies that imposes the judicial duty to apply the fine provided in the §2 of Article 1,026 of the CPC. After the contextual framework, the research intents to structure the essential elements that form the basis for classifying a dilatory motion for clarification in a way to justify the imposition of the fine estabilish in the CPC/2015, through research in the legal scientific literature and, mostly, throught the analysis of 176 decisions of the Brazilian Superior Court of Justice (STJ), dated from January 2020 to January 2024. Based on this investigation, the study identifies the most commonly adopted parameters by the STJ for applying financial penalties to dilatory motions for clarification, and proposes criteria that improves the systematization of this matter, enabling the categorization of its essential elements. The methodological approach consisted in the analysis of legal scientific literature with cases judged by the Superior Court of Justice, in order to contribute to the establishment of a clear guidelines in this subject, ensuring greater consistency in the application of penalties, combating the bad-faith litigation without restricting, in an undue manner, the legitimate opposition of the motion for clarification
- ItemStandards de prova na improbidade administrativa(Universidade Federal do Espírito Santo, 2025-05-25) Silva, Rubia Mafort Clementino; Rodrigues, Marcelo Abelha; https://orcid.org/0009-0007-6122-4605; http://lattes.cnpq.br/9016704359432294; https://orcid.org/0000-0002-2373-3878; http://lattes.cnpq.br/2910485262892211; Silva, Beclaute Oliveira; https://orcid.org/0000-0002-6394-5891; http://lattes.cnpq.br/2567266014708590; Siqueira, Thiago Ferreira; https://orcid.org/0000-0003-1763-2234; http://lattes.cnpq.br/1377110680976833This dissertation deals with the standards of proof in administrative misconduct, that is, it addresses which evidentiary sufficiency should guide the actions of the parties and the judicial decision-making on the factual statements in the context of the administrative misconduct act. The research sought to understand the origin, evolution and controversies surrounding administrative misconduct, especially how its ambiguous nature influences the definition of the standard of proof. Based on the objective conception of evidence and evidentiary inferences, we sought to clarify the degree of evidentiary sufficiency necessary for provisional relief of unavailability of assets and removal from office, employment or function, as well as the legal consequences of suspension of political rights, loss of public office, civil fine, prohibition of contracting with the government, receipt of tax incentives, ineligibility, invalidation of the act and reimbursement to the treasury, evaluating which standard is applicable to the hypotheses