Constitutional Law And Civil Procedure
Mostrando 13-24 de 32 artigos, teses e dissertações.
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13. Os tratados internacionais sobre direitos humanos incorporados ao direito brasileiro e a Constituição Federal/88
This thesis covered the influence of human rights in relation to the international treaties merged in the Brazilian law. For this to be achieved, the evolution of human rights was highlighted, as well as its importance and reflection in the national and international setting. In the Brazilian law, human rights are fundamental in a society that is considered
Publicado em: 2009
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14. Constitucionalização do processo civil
In this academic work we endeavored to report the impacts of the Constitution on the civil procedural law, particularly through the principles of constitutional procedural law (due process of law and all kinds thereof), resulting in a recent constitutionalization of procedure, keeping the Constituent Assembly of 1988 in mind. As we describe each kind of due
Publicado em: 2008
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15. O direito fundamental à tutela jurisdicional / O direito fundamental à tutela jurisdicional
The subject o this master thesis is the "constitutional right of adjudication". Its objective is to define the meaning of this right by establishing its: (i) constitutional basis; (ii) normative structure; and (iii) content, by utilizing the analytical concepts of Robert Alexys theory of constitutional rights. Based on this analysis, the constitutional right
Publicado em: 2008
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16. Direito fundamental à coisa julgada civil : um estudo sobre a coisa julgada inconstitucional em confronto com o princípio da segurança jurídica e sua aplicação nas mais atuais e relevantes questões apreciadas pelo poder judiciário no âmbito de direito público brasileiro
This essay has the objective to appraise, analyze and to interpret what is unconstitutional resiudicata, and in the practical application of jurisprudence of national courts in public law. The Institution of the res iudicata is treated in the Brazilian Law by the Constitutional Text, by the Brazilian Civil Process Code, besides the Law of the Introduction to
Publicado em: 2008
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17. A concessão ec offício da tutela antecipada no contexto da efetividade processual
This scientific paper examined the possibility of the magistrate to grant, in a discretionary way, the anticipatory technique disciplined in Article 273 of the Brazilian Civil Procedural Code, because of the effectiveness of the procedural context. To accomplish that, the jurisdictional guardianship was analyzed under the fundamental rights perspective, focu
Publicado em: 2008
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18. The ex officio grant of injunctive relief in the context of procedural effectiveness / A concessão ex offício da tutela antecipada no contexto da efetividade processual
This scientific paper examined the possibility of the magistrate to grant, in a discretionary way, the anticipatory technique disciplined in Article 273 of the Brazilian Civil Procedural Code, because of the effectiveness of the procedural context. To accomplish that, the jurisdictional guardianship was analyzed under the fundamental rights perspective, focu
Publicado em: 2008
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19. Dissolução societária parcial e cumprimento de sentença
In this work, the material law and the procedural law applicable to partial dissolution of corporate partnership are studied, with special emphasis on the procedures executed as of the Law 11.232/2005, which introduced the observance of sentence as a stage of the syncretic ordinary proceeding. Initially, the foreign legislation regarding the partnership part
Publicado em: 2007
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20. Recurso ordinário constitucional em mandado de segurança
The aim of our research is to investigate methodically the Constitutional Ordinary Appeal filed against a lower court decision over a writ of mandamus. This is an appeal as of right guaranteed by Brazilian Federal Constitution of 1988 and it is addressed to Supreme Federal Court or to Supreme Court of Justice. This study will focus on three approaching views
Publicado em: 2007
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21. O Ministério Público e o inquérito civil
The scope of this paper is to analyze the performance of the Department of Justice ahead of the civil inquiry in the injunction of transindividual interests. It is a compilatory paper, in which a national and foreign doctrinaire standpoint is presented on the subject, as well as legislation and case law. The choice of the subject matter originated in the nee
Publicado em: 2007
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22. Tendência universal de sumarização do processo civil e a busca da tutela de urgência proporcional
The work analyzes the strong and growing tendency of summarization of the contemporary civil process. It starts from the premise that it is necessary to reconcile safety and velocity, being known that this challenge is one that more urges the contemporary procedure experts. To face the multiple subjects that elapse of that tendency, it initially presents the
Publicado em: 2007
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23. Uma análise constitucional do direito de ação no processo civil brasileiro
The purpose of this theoretical research is to analyze the right of action in the Brazilian Civil Process according to the Federal Constitution. It presents the study of constitutionalism and concepts and functions of the constitutions from their origins up to the advent of the Democratic State of the Law. This research highlights the crisis that the State,
Publicado em: 2006
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24. A garantia da razoável duração do processo e a celeridade processual penal / The constitutional guaranty of a right to trial within a reasonable time and celerity in criminal procedure
The present thesis examines the constitutional guaranty of a right to trial within a reasonable time and celerity in criminal procedure. After analyzing the constitutional guaranties pertaining to criminal procedure, this study deals with the intrinsic characteristics of celerity, explicit constitutional guaranty, collating them with other procedural guarant
Publicado em: 2006