Published: 2026-02-16
Artigo Científico
TWO REFLECTIONS ON THE MULTI-DOOR JUSTICE SYSTEM
This article presents two reflections on the Brazilian Multi-Door Justice System. The first questions the distorted use of self-composition as a response to structural deficiencies in the Judiciary, which undermines its original purpose. The second highlights the system’s democratic potential by allowing greater individual protagonism in building conflict solutions. The central hypothesis is that the system’s effectiveness lies in the adequacy between the dispute resolution method and the...
Read more →INTERCHANGEABILITY OF PROCEDURAL MECHANISMS IN CONSTITUTIONAL ADJUDICATION overcoming foundational assumptions in judicial review (part 2)
This article examines the interchangeability of procedural mechanisms within judicial review, drawing on Articles 318 (single paragraph) and 327 (§2) of the Brazilian Code of Civil Procedure (CPC), as applicable to ADI and ADPF proceedings. It asserts that these provisions facilitate procedural fungibility between Laws 9.868/99 and 9.882/99. Although the Brazilian Supreme Court (STF) has incorporated such practices into its case law, it has done so without articulating a clear normative...
Read more →REFLECTIONS ON THE REFORM OF MOZAMBICAN CIVIL PROCEDURE An analysis of the suspensive effect ope legis of the appeal, in light of the principles of effective judicial protection and procedural effectiveness
The problem discussed in this article lies in the fact that Mozambican civil procedural law grants a suspensive effect ope legis to appeals filed in courts without jurisdiction. The current configuration of appeals, which indiscriminately suspends the effectiveness of all judgments in appeals filed in courts without jurisdiction, allows litigants to abuse appeals as a delaying tactic, even knowing they will not succeed, solely to slow the delivery of justice to the detriment of the...
Read more →THE ROLE OF PUBLIC ADVOCACY IN PRECEDENT MANAGEMENT
The article analyzes the strategic role of Public Advocacy in managing the precedent system, grounded in the constitutional principles of legal certainty and equality. It is argued that public attorneys should act preventively, avoiding the formation of precedents contrary to the Administration through techniques such as tax settlement and waiver of mandatory appeal. In reactive action, binding precedents should be respected or strategically worked towards their overruling. The text seeks to...
Read more →STATUTE OF LIMITATIONS IN THE EXECUTION OF JUDGMENTS
The article examines the statute of limitations in the enforcement of judgments, in its material and intercurrent forms. The material statute of limitations, provided for in Article 206, § 5, I, of the Civil Code, applies to attorneys' fees and other liquidated judicial claims, counted from the date of the final judgment. Intercurrent prescription, reinforced by Law 14,195/2021 and by the jurisprudence of the Superior Court of Justice, operates automatically upon knowledge of the absence of...
Read more →THE INCIDENT OF DISREGARD OF LEGAL PERSONALITY IN THE WORK PROCESS a rereading based on Topic 26 of the TST and Topic 1232 of the Supreme Court
This article deals with the analysis of the institute of disregard of legal personality, an institute of substantive civil law, and the application of the incident of disregard of legal personality in labor proceedings, introduced into the CLT (Consolidation of Labor Laws) with the advent of Law 13.467/2017. In view of the legislative reforms that have occurred in recent years, triggered first by the 2015 Code of Civil Procedure and then by the Labor Reform, as well as the jurisprudential...
Read more →EXTRA PETITA DECISION CHAPTERS defect and means of challenge
This article aims to examine judicial rulings rendered extra petita. To this end, a preliminary analysis is conducted of the three main categories of defects that may vitiate procedural acts: legal non-existence, nullities, and irregularities. Next, it will explore the available means for challenging tainted judicial decisions, addressing the applicability of the action for nullity and the rescissory action according to the defect to be challenged. Subsequently, it will focus on extra petita...
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