Results 41 to 50 of about 2,086,985 (256)

PRISON BEFORE RES JUDICATA: A PRAGMATICS OF MEANING

open access: yesRevista Eletrônica do Curso de Direito da UFSM, 2019
In this paper we analyze the construction formed by the Brazilian Supreme Court in the judgment of Great Writ Nº 126.292/SP according to which the principle of the presumption of innocence provided in article 5º, LVII, of the Brazilian Constitution does ...
Cecília Caballero Lois   +1 more
doaj   +1 more source

RES JUDICATA DESCONSTITUTIVE ACTION BASED ON PRECEDENT VIOLATION: AN INTEPRETATIVE PROPOSAL FOR THE APPLICABILITY OF ANNULATORY ACTION IN THE ARBITRAL SENTENCE

open access: yesRevista Eletrônica de Direito Processual, 2021
The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards.
Luan Eduardo Steffler
doaj   +1 more source

THE STABILITY OF ANTICIPATION OF TUTELAGE AND THE RES JUDICATA: COMPARATIVE ANALYSIS OF PROCESSUAL INSTITUTES

open access: yesRevista Eletrônica de Direito Processual, 2021
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.
Ricardo Schneider Rodrigues   +1 more
doaj   +1 more source

Procedural Law as an Exercise in Reconciling Public Interest and Individual Rights: The Example of Res Judicata [PDF]

open access: yes, 2018
Res judicata is a quasi-universal principle, present in every modern European legal system. Although it is understood in very different ways in Civil Law and Common Law traditions, it plays a remarkably similar role in both.
Turmo, Araceli
core  

National res judicata in the European Union: Revisiting the tension between the temptation of effectiveness and the acknowledgement of domestic procedural law

open access: yesCommon market law review, 2021
This paper presents an overview of recent ECJ case law concerning res judicata, with a focus on the way in which EU law affects national rules related to this principle.
Araceli Turmo
semanticscholar   +1 more source

The Admissibility of Subregional Courts’ Decisions before the African Commission or African Court

open access: yesMizan Law Review, 2013
Some courts of Regional Economic Communities deal with human rights and they base their decisions on the African Charter on Human and Peoples’ Rights. Other subregional courts have directly or indirectly considered human rights matters.
AJ Ali
doaj   +1 more source

Res Judicata and the Principle of Effectiveness of European Law: A (Sometimes) Difficult Encounter?

open access: yesPerspectives of Law and Public Administration
The res judicata produced by court judgments in EU Member States has sometimes been called into question by the CJEU, in order to ensure the effete utile of Union law.
Anamaria Groza
semanticscholar   +1 more source

A formação da coisa julgada material em face da falta de provas: uma perspectiva do processo coletivo para o processo individual [PDF]

open access: yes, 2014
O presente trabalho teve por escopo apresentar a análise crítica pertinente à opção política feita pelo sistema jurídico pátrio de conferir autoridade de Coisa Julgada material às decisões proferidas em demandas individuais julgadas improcedentes em face
Porto, Guilherme Athayde
core  

The U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Issue Preclusion: A Traditional Collateral Estoppel Determination [PDF]

open access: yes, 2004
Although the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides for the “recognition” and “enforcement” of non-domestic arbitral awards in commercial disputes,1 this article will show that in order for an ...
Sudol, Sabrina M.
core   +3 more sources

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