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Revista Eletrônica de Direito Processual
Scopus
ISSN 1982-7636 · Universidade do Estado do Rio de Janeiro · 405 articles in the index
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Journal Article
THE DYNAMICS OF THE PRECEDENTS AND THE ROLE OF THE “EMBARGOS DE DECLARAÇÃO” AS AN INSTRUMENT TO THE INTEGRATION OF THE SYSTEM OF PRECEDENTS
The article proposes to rethink the possibilities of the “embargos de declaração” in reference to the indirect omissions, where the law allows using this recourse the allegation of omissions in relation to a precedent. The proposal it to allow an ampliative interpretations of the article 1.022…
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Journal Article
THREE MAIN ISSUES ABOUT SMALL CLAIMS CREDITS AGAINST PUBLIC ADMINISTRATION UNDER THE PERSPECTIVE OF THE FUNDAMENTAL RIGHT OF ENFORCEMENT
This article debates the enforcement of small claims credits against public entities under the perspective of the fundamental right of enforcement and proportional treatment. We seek to analyze three main issues: the chronological order of payment, the installment payments and the seizure of public…
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Journal Article
MANDATORY PUBLIC PROSECUTOR INTERVENTION IN COURTS OF APPEAL - LIMITS AND NULLITIES
This article addresses the issue of the dissemination of monocratic decisions handed down in Brazilian courts outside the restricted assumptions provided for in the Code of Civil Procedure. After a detailed analysis of how, when and where this escape from the principle of collegiality can take…
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Journal Article
EUROPE'S COLLECTIVE REDRESS CONUNDRUM
The article aims to do specific and relevant observations regarding the collective redress in Europe. This is a polemic and enigmatic subject, which has been receiving increasing attention from European political agents. It is also be analyzed the possibility of using collective redress instruments…
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Journal Article
THE POLICE TESTIMONY AS EVIDENCE IN CASES INVOLVING THE DRUG LAW AND ITS REFLECTIONS ON THE SELECTIVITY OF THE PENAL SYSTEM
The present article aims to analyze the police testimony and its impact on the offenses involving 11.343/09 law. For that, it is analyzed the testimonial evidence in Brazilian criminal proceeding, aiming to comprehend the police testimony as an evidence and its impact on criminal proceeding…
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Journal Article
ANALISYS OF THE CRIMINAL RULES OF RESTORATIVE JUSTICE IN MEXICO AND PANAMA: AN OVERVIEW THROUGH ITS IMPERIOUS HARMONIZATION
The article aims to analyze the construction of rules, in criminal justice, concerning restorative justice in Mexico and Panama in order to identify areas of development towards an integral procedural model embracing those national rules. It takes into consideration the procedural rules concerning…
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Journal Article
ELEMENTS FOR THE COMPREHENSION OF THE THEORY OF PRECEDENTES ON PANDEMIC TIMES: DISTINGUISHING AND PROSPECTION
This article seeks to answer how the legal relationships affected by the COVID-19 pandemic are linked to the precedents available in the Brazilian legal system. To do so, it starts with an investigation of the theoretical understanding of the problem, in the sense that the pandemic transforms easy…
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Journal Article
COLLABORATION: FROM SPEECH TO REALITY DOCTRINAL AND EMPIRICAL ANALYSIS WITHIN THE BRAZILIAN SUPERIOR COURT OF JUSTICE BETWEEN THE YEARS 2010 TO 2019
The objective of the present study is to draw a theoretical outline on the procedural collaboration and to analyze if the Superior Court of Justice (STJ) has contemplated the new institute as the doctrine prescribes it. To this end, a quantitative empirical survey of the decisions made by the STJ…
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Journal Article
JUDGES IMMUNITY IN FACE OF THE ILLICIT EVIDENCE: ANALYSIS OF ARTICLE 157, § 5º OF THE BRAZILIAN CRIMINAL PROCEDURE CODE
This article aims to assess the constitutionality of article 157, paragraph 5, of the Brazilian Criminal Procedure Code, introduced by Law 13.964/2019. In this sense, through a critical analysis of the illicit evidence in the criminal proceeding, we proceed to the evaluation of its impacts in the…
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Journal Article
COLLECTIVE PROCEDURAL TRANSACTIONS
The purpose of this article is to analyze the institute of the collective procedural transactions, either in relation to the legal foundations that support them, or with regard to the limits that condition it, so that the public elements related to the unavailability of these rights are duly…
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Journal Article
THE STABILITY OF ANTICIPATION OF TUTELAGE AND THE RES JUDICATA: COMPARATIVE ANALYSIS OF PROCESSUAL INSTITUTES
The article aims to investigate the legal nature of stabilizing anticipation of tutelage, in order to distinguish it from res judicata, identifying the effects of each one in the process. The research approach is of a qualitative nature, the method of approach is deductive, based on a bibliographic…
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Journal Article
PROCEDURAL AGREEMENTS IN BRAZILIAN CIVIL ENFORCED EXECUTION
The present study analyzes the conditions and limits for the procedural agreements in brazilian enforced execution (art. 190 CPC). It also deals with the controversy about the possibility to remove protection of “legal family property” (bem de família) or the debtor's salary by procedural…
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Journal Article
THE CONDITIONS OF ACTION IN THE CIVIL PROCEDURE CODE
The present paper analyzes the situation of the conditions of action in the Civil Procedure Code of 2015. It relates to its maintenance and the moment of verification, due to repercussions of practical-theoretical order that rise mostly from creating or not a material res judicata. The aim is to…
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Journal Article
THE PLAUMANN TEST AND THE INCOMPATIBILITY WITH THE PRINCIPLE OF EFFECTIVE JUDICIAL PROTECTION
The action for annulment is the judicial remedy used to attack acts edited by the Community institutions. The Treaty on the European Community (EC) says the individuals, to have locus standi conditions, shall demonstrate they are direct and individual affected. The expression direct and individual…
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Journal Article
MAJOR CONSUMER ACCIDENTS AND CUSTOMIZATION OF CONSENSUAL SOLUTIONS OF DISPUTES
The study presents the experience of the Consumer Defense Nucleus of the Public Defender’s Office of the State of Rio de Janeiro in the search for customized solutions to disputes resulting from major accidents affecting consumers, with the participation of the responsible companies and…
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Journal Article
(DIS)SIMILARITIES BETWEEN THE FIGURE OF THE PRECEDENT IN THE COMMON LAW LEGAL TRADITION AND IN BRAZILIAN LAW
The main objective of this work is the establishment of a historicalconceptual distinction between the figure of precedent in the common law legal tradition, the environment in which it was conceived, and in Brazilian law, which was influenced by the legal tradition of civil law. The institute's…
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Journal Article
MITIGATION OF VOLUNTEERING: AN ANALYSIS OF THE JUDICIAL SUBPOENA SEAL FOR RESTORATIVE PRACTICES
This study approach the sealing of the judicial subpoena of those involved to participate in restorative practices, to analyze the possibility of mitigating the principle of willingness of the Restorative Justice, in the light of the substitution jurisdiction theory. In the Judiciary the subjects…
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Journal Article
THE PRIVATIZATION OF THE PORTUGUESE CIVIL EXECUTIVE PROCESS AND THE MUTATION OF THE CLASSIC PARADIGM FOR NEOLIBERALISM AND ITS LEGAL LIMITS
The privatization of the executive action to be a phenomenon that has marked the transfer of powers that fit within the public domain, specifically the judicial power of the State, to the private domain, are called to perform inherent and proper acts of the court in an executive court…
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Journal Article
RELATION BETWEEN THE CHOICE ARCHITECTURE OF ONLINE DISPUTE RESOLUTION PLATFORMS AND THE VULNERABILITY IN SELFREPRESENTED LITIGATION
This research approaches the online dispute resolution platforms and their tendency to allow self-represented litigation, and it brings some concerns about vulnerability of the parties involved in this kind of processes. For doing this, the paper presents points of parties’ vulnerability in jus…
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Journal Article
JUDICIAL PRECEDENTS AND DECISION STANDARDS: FROM INTEGRITY AND COHERENCE TO THE MITIGATED TAXATIVENESS GAP OF THE LIST FROM THE ARTICLE 1.015 OF THE BRAZILIAN CIVIL PROCEDURE CODE
This essay aims to analyze the concepts of judicial precedents and decision standards aiming mainly to contribute to the doctrinal debate about the supposed existence of a “system of precedents”, inaugurated by the Brazilian Civil Procedure Code of 2015, in the Brazilian legal system. Due to the…