É com muito entusiasmo que apresentamos à comunidade jurídica o volume n. 7 da Revista ANNEP de Direito Processual, criada em 2020. A Revista ANNEP tem como foco artigos científicos produzidos por pesquisadores(as) de diversos Programas de Pós-Graduação em Direito, na linha de Direito Processual, sendo fonte de divulgação acadêmica, bem como de pesquisa para os estudiosos da área. Essa edição marca a transição e o encontro entre duas diretorias da ANNEP, após as eleições ocorridas no...

Adopting as the theoretical framework the theory of legal fact led by Pontes de Miranda, the present work aims to reflect the validity and effectiveness of the procedural contract that deals with the power to take evidence ex officio attributed to the judge. In this regard, with the exploration of bibliographic research, using the deductive method of research, will be placed, side by side in the brazilian normative reality, the procedural contract – the fundamental legal concept and the...

This paper provides an analysis about the cooperation between courts in the field of judicial recovery, in particular with regard to the constraints of assets resulting from tax foreclosures. In this sense, it seeks to demonstrate how the tool of judicial cooperation can prevent the damage caused by a possible constriction of goods essential to the operation of the company.  

This paper analyses the (un)feasibility of the methods of consensual dispute resolution with Labor Law and Social Security Law. Firstly, it sketches an overview of how settlements have been studied by the Procedual Law’s doctrines, wich praises the benefits of promoting the insertion of conciliation and mediation in Judiciary. Moreover, it criticizes this theoretical premise, indicating that the main finallity of jurisdiction does not matches with the social peace, neither with the...

The article analyses procedural efficiency in the context of repeated litigation judged through the “incidente de resolução de demandas repetitivas”, especially concerning rights guaranteed by federal law. In this sense, using both the deductive method and bibliographical review, this paper aims to present judicial cooperation as an alternative to providing more efficient judicial results. 

The actions of the National Council of Justice in contemporary times aren’t limited to disseminating internal or disciplinary matters within the Judiciary. This study aims to consolidate the CNJ resolutions as sources of procedural law and their impact on attempts to provide proper treatment for conflicts. Through bibliographic research, it presents the aspects related to the good public administration, the CNJ’s involvement in the procedural norms, with a focus on Resolution No. 125/2010,...

This article will seek to analyze the bill 6204/2019, authored by Senator Soraya Thronicke, which aims to dejudicialize civil execution, specifically regarding the figure of the execution agent, who by the aforementioned PL would be responsible for carrying out the executive acts, assuming activities such as summons, search for debtor’s assets, attachment and expropriation acts, which today are the responsibility of the Judge. The purpose was to find out if the legislator’s choice to create...

Pretrial detention is the most used institute in criminal proceedings. This deprivation of liberty may be decreed based on the guarantee of economic order, for the convenience of criminal instruction, to ensure the application of criminal law or to guarantee public order. This last foundation is the subject of intense discussion in academia about its concept and semantic delimitation. And from Precautionary Theory, principles, fundamental rights and guarantees enshrined in the Federal...

The article aims to examine res judicata within the context of collective protection. Through a bibliographic review and legislative analysis, it is possible to observe as a whole the res judicata model in collective civil proceedings and identify the systematic incongruities related to diffuse, collective, and homogeneous individual rights. The adoption of a res judicata transportation system in utilubus, without adequate representativeness control, is incapable of realizing fundamental...

The article examines the preliminary judgment technique from a teleological perspective, as well as study the precedents and how the authority of the ratio decindendi of the Supreme Courts influences preliminary judgments. In this context, we examine the possibility of an ampliative interpretation of the preliminary dismissal to determine if other judicial precedents (not listed in the article 332 of the Brazilian Code of Civil Procedure) could justify this type of judgment. The study is...

The present study aims to discuss the unconstitutionality of art. 3, VII, of Law n.º 8.009/90, focusing on the importance of protecting the fundamental rights of the guarantor and his family. It employs the deductive method, starting from the broadest topics to the most specific. It comprises the general legal aspects of the lease agreement and the pledge of assets. It understands that the good of the family is strongly related to the dignity of the human person, the existential minimum and...