Banca de DEFESA: VITOR HENRIQUE MELO DE ALBUQUERQUE

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : VITOR HENRIQUE MELO DE ALBUQUERQUE
DATE: 04/11/2022
TIME: 10:00
LOCAL: FDA
TITLE:

THE GENERAL POWER OF EFFECTIVENESS AGAINST NONPARTIES AND THE ADVERSARIAL RIGHT

KEY WORDS:

executive measures; nonparties; general power of effectiveness; due process of law; adversarial

PAGES: 168
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Civil
SUMMARY:

It is possible to extract from the Brazilian procedural system the authorization for the application of executive measures against nonparties, intelligence arising from the duties attributed to all indiscriminately, the subject to the effects of the decision and the general power of effectiveness structured in CPC/15. This reality was gradually developed and found ample space with the legislative reform of 2015, precisely because of the structure offered by the system in relation to the wide powers available to the judge to carry out his determinations, especially through the valorization of executive atypicality. On the other hand, in view of this authorizing presupposition, it is emphasized that no one can have their legal sphere impaired or affected without due process of law, which includes, above all, the right to participate in adversarial proceedings, an elementary aspect for the analysis of the imposition of executive measures to the detriment of nonparties who, in theory, did not participate in adversarial proceedings in the the original procedural relationship. Indeed, about the counterpoint between the general power of effectiveness against nonparties and the right to the adversary system, questions regarding the extent of the nonparties interest, the procedural aspects of the exercise of the adversary system, the decision-making grounds and the judicial remedies are essential, so that the jurisdiction is effective without, however, losing sight of the fundamental right to the adversary system. Thus, the present study, through the deductive method of research, with bibliographic and jurisprudential exploration on the subject and its nuances, with a focus on the perspective of civil procedural law in the light of constitutionalism and fundamental rights, will seek to offer points of reflection and the perspective of compatibility between the breadth of power and the strengthening of due process of law

BANKING MEMBERS:
Interno - 1653663 - BECLAUTE OLIVEIRA SILVA
Interno - 1639871 - FREDERICO WILDSON DA SILVA DANTAS
Externo à Instituição - LEONARDO CARNEIRO DA CUNHA - UFPE