This study aimed to highlight the importance of the subjects of rights in the realization of fundamental human rights within the scope of procedural law; specifically, the right to health of indigenous peoples based on the actions of the Articulation of Indigenous Peoples of Brazil (APIB) before the country's supreme court, the Federal Supreme Court, through the Claim of Non-compliance with a Fundamental Precept (ADPF n. 709/2020) during the covid-19 pandemic. For this purpose, we initially...

The aggregation of repetitive litigation for joint processing has existed in the United States for almost sixty years, through the procedural instrument known as multidistrict litigation. A proper understanding of this successful American mechanism can provide valuable lessons to produce single evidence in repetitive cases in Brazil.

The advent of the 1988 Constitution consolidated the Public Prosecutor's Office as an independent, permanent institution essential to the jurisdictional function of the State. However, the growth and expansion of the Public Prosecutor's Office in Brazil, especially in the context of institutional agreements, has led to the articulation of its role as a regulatory agent, which may generate risks of exceeding its institutional role and encroaching on administrative spheres. With a...

The purpose of this article is to analyse the phenomenon of the registrability of adverse possession alleged by the defendant, especially the requirements for registration and the procedural consequences

In the context of the growing use of extrajudicial mechanisms for dispute resolution—particularly through digital platforms—the debate has emerged as to whether the exercise of the right of action may be conditioned upon a prior attempt at consensual settlement. This study aims to examine whether, despite the current absence of an express legal provision imposing such a requirement, it would be admissible for courts to demand proof of prior efforts toward amicable resolution as a condition...

This study aims to investigate, from the perspective of the economic analysis of civil procedure, how the duration of proceedings influences the conclusion of agreements. The specific objectives include analyzing the normative framework of the reasonable duration of proceedings, examining procedural mechanisms that may reduce incentives for delay, and assessing ways to maximize the chances of achieving consensual resolutions more quickly. The methodology adopted is the hypothetical-deductive...

Ten years after the promulgation of the Brazilian Act on Disabled People Inclusion, this article aims to investigate how the supported decision-making and guardianship/conservatorship institutes are being implemented in practice, regarding people with disabilities cases. For such purpose, firstly, the concepts of the referred institutes will be outlined, in order to analyze how the Court of Justice of Bahia has been ruling on cases about the supported decision-making and...

This article conducts a detailed comparative analysis between the Principles of Transnational Civil Procedure, developed by UNIDROIT and the ALI, and the Brazilian Code of Civil Procedure of 2015. The objective is to identify points of convergence and divergence, investigating how the CPC/15 dialogues with trends in procedural harmonization. The analysis addresses both fundamental guarantees (such as equality, the adversarial principle, and the duty to provide reasoning) and rules of...

This article discusses coherence as a criterion for justifying statements about facts. The topic is addressed through an analysis of Neil MacCormick's concept of "narrative coherence," leading to considerations on the risks of appealing to coherence in criminal procedural settings. Finally, the article presents a proposal that, on the one hand, aligns with MacCormick's, rejecting any form of epistemic skepticism, and, on the other, departs from the author's, highlighting the need for a less...