Results 1 to 10 of about 889 (135)

THE NEW BRAZILIAN CIVIL PROCEDURE CODE: A CODE OF PRINCIPLES

open access: yesRevista Eletrônica de Direito Processual, 2016
The fundamental principles of the new Brazilian Civil Procedure Code were examined in this article, after a brief historical context.
Leonardo Oliveira Soares
doaj   +2 more sources

THE PROCEDURAL FLEXIBILITY AND ITS APPROACH IN THE LEGISLATIVE PROCEDURE OF THE NEW BRAZILIAN CIVIL PROCEDURE CODE

open access: yesRevista Eletrônica de Direito Processual, 2015
This essay describes the legislative approaches of Procedural Flexibility throughout the legislative process (2010-2015) concerning the new Code of Civil Procedure of Brazil.
Taynara Tiemi Ono
doaj   +2 more sources

Judges and Lawmaking Authority: The New Brazilian Civil Procedure Code and the Limits of How a Civil Law Judge Could Act as a Common Law Judge [PDF]

open access: yesBeijing Law Review, 2020
This paper intends to compare two different legal systems, by the perspective of the role of judges and how this officer of the court applies and interprets the law. The author focusses on how and when judges are allowed to create law within their judicial decisions.
exaly   +5 more sources

THE PRINCIPLE OF GOOD FAITH IN THE BRAZILIAN LEGAL ORDER: A BRIEF STUDY OF THE NEW CIVIL PROCEDURE CODE

open access: yesRevista Eletrônica de Direito Processual, 2017
The present study has the scope to analyze and reflect the relevant legal aspects of the good faith principle in the Brazilian legal order, above all, its forecast in the new Brazilian Civil Procedure Code.
Elias Marques de Medeiros Neto   +1 more
doaj   +2 more sources

comments to the judicial enforcement of injunctions requiring a person to do or cease doing specific actions in the new brazilian Civil Procedure Code

open access: yesRevista Eletrônica de Direito Processual, 2015
The present study analyses the judicial enforcement of injunctions requiring a person to do or cease doing specific actions in the new Brazilian Civil Procedure Code. The article examines the main innovations brought about by the new code, in comparison
Flávia Pereira Hill
doaj   +2 more sources

CONSIDERATIONS CONCERNING THE RECOGNITION OF FOREIGN JUDGMENTS IN THE NEW BRAZILIAN CIVIL PROCEDURE CODE

open access: yesRevista Eletrônica de Direito Processual, 2016
The presente study aims to critically analyze the recognition of foreign judgments in the new Brazilian Civil Procedure Code, highlighting the changes brought by the new legislation.
Humberto Dalla Bernardina de Pinho   +1 more
doaj   +2 more sources

THE CONSTITUCIONAL DUTY OF REASONING THE JUDGMENTS AND THE NEW BRAZILIAN CIVIL PROCEDURE CODE OF 2015: STUDY OF A CASE RELATED TO PRECEDENTS CONCERNING CONSTITUTIONAL SUBJECT AND THE “MAXIMUM STANDARD” OF REASONING IN BRAZILIAN LAW

open access: yesRevista Eletrônica de Direito Processual, 2016
The present paper talks about the precedent’s system, brought by the new Brazilian Civil Procedure Code, especially about distinguishing and ratio decidendi.
Clayton Maranhão
doaj   +2 more sources

THE NEW BORDER OF ACCESS TO JUSTICE: THE TRANSNATIONAL JURISDICTION AND THE MECANISMS OF INTERNATIONAL JUDICIAL COOPERATION IN BRAZILIAN CIVIL PROCEDURE CODE OF 2015

open access: yesRevista Eletrônica de Direito Processual, 2017
The present article aims to analyze the international jurisdiction as a new border of access to justice nowadays, able to provide the necessary means to guarantee the observance of rights discussed in international conflicts. The article also studies the
Flávia Pereira Hill   +1 more
doaj   +2 more sources

The insertion of the «decision-surprise prohibition» in the due process of law in the Brazilian experience and the new Code of Civil Procedure of 2015: reflections destined to the Peruvian law

open access: yesDerecho PUCP, 2017
This article analyzes the so-called surprise-decision prohibition as a rule that follows from the due process of law and as an innovation of the Brazilian New Code of Civil Procedure 2015, observing its incidence.
Camilo Zufelato
doaj   +2 more sources

EMBARGOS DE DECLARAÇÃO E SUAS ALTERAÇÕES NO PROJETO DO NOVO CÓDIGO DE PROCESSO CIVIL - MOTION FOR CLARIFICATION CHANGES IN BRAZILIAN NEW CODE OF CIVIL PROCEDURE

open access: yesRevista da Seção Judiciária do Rio de Janeiro, 2013
: This article covers the legal instrument of appeals requesting clarification of judicial decisions on its main aspects, such as authentication, admissibility conjectures, judicial nature and effects, not only in the actual Brazilian Code of Civil ...
José Ailton Garcia   +1 more
doaj   +1 more source

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