The study proposes to answer the following research problem: how should the judge identify the object of a collision of legal principles before carrying out the weighting between them to enable an adequate reasoning of the decision in such cases? The main objective of this study is to understand the normative densification procedure necessary to define the initial parameters of the duty to justify the object of the collision of principles in the reasoning of decisions. The problem is related...

The article analyzes the historical development of procedural intent in the Roman canonical tradition, aiming to contribute to the current debate regarding bad faith litigation.

The present work revolves around bad faith litigation by the INSS (National Social Security Institute) in the social security legal process, analyzing a specific case in which the aforementioned federal agency was judicially condemned for bad faith litigation when it used a generic response to defend itself. That being said, the objective is to ascertain how such an imputation occurred and what are the effects of it in the social security legal process, in safeguarding due process and in...

This research discusses the use of geolocation as a means of evidence in the Labor Court. Using the inductive research method, the article aims to demonstrate that the Brazilian legal system has provisions consistent with this practice, that the CPC and the principles of procedural law provide for less bureaucratized and more efficient justice, as well as Procedural Law of Labor has at its origin the idea of ​​informal and more simplified justice. The work also highlights that the defense of...

Objective: This research aims to analyze the possibility of applying differentiated procedural techniques to processes, whether they are governed by the common or special procedure, as well as to analyze what the limitations to the application of these techniques might be. Issue : A systematic interpretation of the Code of Civil Procedure reveals that procedural techniques can move freely between procedures. Problem : Are there any limits to the application of differentiated procedural...

This article aims to examine the relevance and adequacy of resolving conflicts between consumers and regulated agents directly by regulatory bodies. The research methodology adopts a deductive approach, through bibliographic research based on the review of doctrine and legislation. It concludes that regulatory bodies possess, among their institutional characteristics, the so-called adjudicative function, which grants them the prerogative to handle conflicts within their area of...

The objective of this essay is to carry out a critical analysis of the ADPF 760, judged in March 2024. Through bibliographic and documentary research, we sought, firstly, to descriptively analyze ADPF 760, bringing the request, the arguments, positions and the response given by the Federal Supreme Court (STF). In a second moment, it was argued about the relationship between the Unconstitutional State of Affairs (ECI) and the structural litigation and, finally, it was examined whether an ECI...

Document dump is usually understood as the voluminous dumping of documents in a legal action without there being an effective demonstration of their relevance for the analysis of the controversy. In Brazil, the practice has been localized punctually and deserves special emphasis when considering that procedural offenses require more detailed systematization, with the precise identification of the illicit type and the respective sanctions, necessary for the legitimate maintenance of the...

The study seeks to: present the concept of Online Dispute Resolution – ODR; present the concept of choice architecture; contextualize the architecture of choices in Online Dispute Resolution (ODR) platforms; verify how the design of these platforms impacts human decision-making and discuss the guidelines for implementing such platforms in order to guarantee access to justice. The deductive research method and the bibliographic review technique of specialized scientific literature were...