The Adversarial Principle in Prima Facie Judgments of the Legal Thesis Firmed in the Trial of Repetitive Cases
The present articles objective is to analyse the highly effective adversarial principle from the Constitutional Democratic State of Law and the cooperative process structure. In this sense, an analysis of the repetitive cases model is made with special relevance to the Civil Procedure Codice 2015, p...
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| Format: | Article |
| Language: | Portuguese |
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Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI)
2016-10-01
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| Series: | Revista de Processo, Jurisdição e Efetividade da Justiça |
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| Online Access: | http://www.indexlaw.org/index.php/revistaprocessojurisdicao/article/view/239 |
| Summary: | The present articles objective is to analyse the highly effective adversarial principle from the Constitutional Democratic State of Law and the cooperative process structure. In this sense, an analysis of the repetitive cases model is made with special relevance to the Civil Procedure Codice 2015, put in evidence the preliminary injunction, the repetitive appeals and the resolution incident repetitive demands. With the establishment of the premises, an analysis of the adversarial principle is made on prima facie judgments of the legal thesis firmed in the trial of repetitive cases, in view of the motivation of the court decision (speech of the case) and law (speech of the precedents). |
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| ISSN: | 2525-9814 2525-9814 |