Published: 2025-02-16

TWO LIMITS TO THE ECONOMIC ANALYSIS OF CIVIL PROCEDURAL LAW the need to overcome the paradigm of homo economicus and the firewall of fundamental rights

Guilherme Mazarello Nóbrega de Santana
1-11
Abstract

The present work aims to outline limits for the application of Law & Economics in procedural law. Far from the stigmatization of this technique of interpretation, it seeks to show that economic interpretation — although capable of bringing adequate legal solutions — is bounded to limits, whether internal to economic theory itself, or external, with a purely legal content. To this end, the bibliographic review method (critical-dialectical study) was adopted, along with the application of...

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COMMENTS ABOUT THE APPLICABILITY OF ATYPICAL EXECUTIVE MEASURES IN CIVIL PROCEDURE

Carolina Wagner Fragomeni
12-20
Abstract

The present work aims to analyze the applicability of atypical executive measures in the Civil Procedure, provided for in art. 139, IV of the 2015 Code of Civil Procedure. To this end, its relationship with the Principles of Least Onerosity, Proportionality, Reasonableness, and Dignity of the Human Person, enshrined in arts. 805 and 8th, respectively, of the same device. Therefore, it will be presented: what atypical executive measures consist of, their provisions in the Civil Procedure Code...

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MUCH MORE THAN PROCEDURAL PRIORITY human rights and more access to justice for older persons

Vitor Fonsêca
21-37
Abstract

This study explores access to justice for older persons, challenging the misconception that procedural priority is their only judicial guarantee. Using Article 31 of the Inter-American Convention on Protecting the Human Rights of Older Persons as a framework, it compares it with Brazil's Civil Procedure Code. The analysis also draws on international human rights authors and case-law of human rights courts. The study concludes that International Human Rights Law provides far more judicial...

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THE TAX INSTALLMENTS EFFECTS IN THE COURSE OF TAX ENFORCEMENT IRREVOCABLE AND IRREVERSIBLE CONFESSION OF DEBT?

Eloísa Barichello Eckert, Maria Carolina Rosa de Souza
38-52
Abstract

Government-sponsored tax installment programs typically condition taxpayer adherence upon the irrevocable and irreversible confession of the underlying tax liabilities, as well as the waiver of any judicial challenge to the legal basis of such obligations. Nevertheless, certain strands of legal scholarship advocate for the possibility of mitigating the effects of such irrevocability and irreversibility associated with debt confessions, a proposition that will be analyzed in the present...

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JUDICIAL PRECEDENTS AND NOTARIAL AND REGISTRY ACTIVITY

Renata Cortez Vieira Peixoto
53-64
Abstract

The purpose of this study is to demonstrate that notaries and registrars, as delegates of public services and as agents that are part of the Brazilian Multi-Door Justice System, must observe judicial precedents, ensuring equality and legal certainty for those under their jurisdiction.

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INTERINSTITUTIONAL COOPERATION BETWEEN PUBLIC ADVOCACY AND THE JUDICIARY advancement in procedural efficiency and reduction of litigation

Marco Aurélio Ventura Peixoto
65-77
Abstract

This article examines the rise of interinstitutional cooperation between the Public Prosecutor's Office and the Judiciary as a vector for procedural efficiency and litigation reduction. The high levels of litigation in the Public Power have always revealed a problem to be faced, both by the Public Prosecutor's Office and the Judiciary. The article analyzes interinstitutional cooperation as one of the instruments for the transition of the Public Power to the era of consensuality, based on...

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THE LEGAL CONSEQUENTIALISM IN DECISIONS ON CONTINUING TAX OBLIGATIONS an analysis of STF themes 881 and 885 and the automatic breach of res judicata

Gerfison Soares Silva, Arthur Laercio Homci
78-89
Abstract

This study aims to analyze the application of legal consequentialism in the rulings of the Federal Supreme Court of Brazil (STF) concerning ongoing tax obligations, with particular emphasis on Themes 881 and 885, which addressed the constitutionality of the Contribuição Social sobre o Lucro Líquido (CSLL). The research employed a deductive method with a qualitative approach, through bibliographic, documentary, and case law analysis. Judicial decisions issued by the Federal Supreme Court...

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