THE ARGUMENTATIVE (B)ONUS REQUIRED FOR THE APPLICATION OF ATYPICAL EXECUTORY MEASURES - NOTES FOR A CONSTITUCIONALLY SUITABLE INSTRUMENTAL PROCESS

THE ARGUMENTATIVE (B)ONUS REQUIRED FOR THE APPLICATION OF ATYPICAL EXECUTORY MEASURES - NOTES FOR A CONSTITUCIONALLY SUITABLE INSTRUMENTAL PROCESS

An exploration of the importance of proportional, fair and consistent reasoning as a magistrate of duty in the application/interpretation of the sections IV of Article 139 of the Brazilian Civil Procedure Code of 2015, which takes into consideration the solutions proposed by the Analytical School a...

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Bibliographic Details
Main Authors: Guilherme Gonçalves Alcântara, Daniel Colnago Rodrigues
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2017-08-01
Series:Revista Eletrônica de Direito Processual
Subjects:
Procedural Instrumentalism
Reasoning
Proportionality
Consistency
Integrity
Online Access:http://www.e-publicacoes.uerj.br/index.php/redp/article/view/26715/20998
Description
Summary:An exploration of the importance of proportional, fair and consistent reasoning as a magistrate of duty in the application/interpretation of the sections IV of Article 139 of the Brazilian Civil Procedure Code of 2015, which takes into consideration the solutions proposed by the Analytical School and Hermeneutics Critics of the law.
ISSN:1982-7636
1982-7636

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