É com alegria que anunciamos a chegada do quinto número da Revista ANNEP de Direito Processual. A publicação, que tem frequência semestral desde a sua criação, inicia seu terceiro ano de existência, período em que vem se consolidando como uma das referências para a pesquisa acadêmica em todo o Brasil, e não apenas para os processualistas do Norte e do Nordeste. Os textos são recebidos diretamente pelo site da revista (https://revistaannep.com.br/index.php/radp), onde constam as diretrizes...

This study aims to analyze the possibility of negotiation in the collective litigation. The adoption of a multi-door dispute resolution system prioritizes settlement, including in class actions. Although class actions deal with transindividual rights, which are considered unavailable, this does not result in the impossibility of negotiation, provided that certain limitations are observed. The pacifying profile adopted by the current civil procedural system mitigates the idea of the absolute...

Based on the evolutionary examination of structural injunction in North American law, especially in the case of Brown v. Board of Education of Topeka, it is currently possible to see in our procedural system the engagement of a movement for the democratization of jurisdictional provision in the solution of complex disputes, of plural execution by the various public and private agents involved in a polymorphic problem: the structural process, which, in the face of a state of non-compliance...

This paper, in front of inquietations coming from the suspicious inefficient usefulness of conciliation and mediation hearings to draw possible answers through observation of this problem, which attacks the civil procedural integrity in legal courts and the litigation’s culture. Therefore, at first, (I) it gives a fundamental right’s concept of access to justice in constitutional perspective, furthermore, it emphasizes the multi-door justice and judiciary’s politics relevancy for this...

The discussion regarding the admissibility of passive collective proceedings is relatively recent in Brazil. Although not expressly expressed, the passive class action or defendant has been admitted in special cases. Even so, although the projects of action in light have a forecast of passive collective actions, there is divergence as to the possibility of this modality of action in the light of the Brazilian legal system. In the proposed access to justice, the possibility of a collective...

The present research aims to analyze the objective limits and relevance of the participation of regulatory agencies in conflicts related to concession contracts settled in the arbitration court. The methodology is based on the deductive method, using primarily bibliographic research, as well as a review of doctrine, jurisprudence and national legislation. It is concluded that, under the objective aspect, only contractual issues that do not deal with the regulatory activity itself can be...

The main objective of this article is to analyze what the role of the judge should be in face of procedural negotiation reached in lawsuits involving collective rights, especially considering the limits that must be adhered to and whether it is possible for the judge to act in such a way as to exceed the legal determination to verify compliance with adequate representation by the party with procedural legitimacy to reach the agrement.

Procedural harmonization is an unequivocal trend in comparative procedural law. The paper seeks to demonstrate similarities between the already existing Brazilian Civil Procedure Code of 2015 and the model of European rules edited in 2020, focusing on silence of both about the rules of jurisdiction, which remain imprisoned to a regime of strict legality. Based on bibliographic research, starts from the conjecture that the establishment of forum shopping is not enough to contribute to...