Published: 2023-07-30
Editorial
Editorial
É com muita alegria e satisfação que apresentamos à comunidade jurídica e acadêmica a 7ª edição da Revista ANNEP de Direito Processual. A Revista, criada no ano de 2020, é semestral e está atualmente em seu volume nº 04, número 01, com artigos jurídicos de alto nível de juristas de todo o Brasil. O Direito Processual é uma ciência em constante evolução, o que reforça ainda mais a importância da produção científica que a Revista ANNEP e tantas outras revistas jurídicas proporcionam,...
Read more →Artigo Científico
The Executivity of Electronic Extrajudicial Enforcement Instruments
In this article, it seeks to verify the possibility of executing extrajudicial enforcement instruments formed solely through the digital environment, exploring the traditional issues of the legal institute in perspective to contemporary technological concepts applicable to the theme. Initially, the main characteristics of the executive title are discussed in order to then analyze the influence of Digital Law on the matter, as well as the execution of electronic contracts and credit...
Read more →Collective Protection of the Environment and Populations Affected by Damages Resulting from It and the Aspects of Adequate Representation
One of the most instigating themes of the collective process is the issue of adequate representativeness in the protection of macro-litigations involving environmental damage. Its main foundation is the difficulty of dealing with adequate representation for the protection of the environment and the populations affected by damages resulting from it, as opposed to the idea of fictitious representation. To this end, it advances in the analysis of aspects of participation as a means of ensuring...
Read more →Judicial Review of Popular Consultation
This paper has the purpose to understand whether there is and by which forms judicial review of popular consultation take place in Brazil. First, it is explained what are those forms of consultation (referendum and plebiscite) and how those institutes happens in the country. Second it is mencioned the promulgation of Brazil’s Constitutional Amendment n. 111/2021, which points out to favor the use of these kinds mechanisms at a local basis in Brazil. Then, it is examined wheter there is the...
Read more →Atypical Executive Measures in the Labor Process: The Interpretation of Art. 139, Item IV, of the CPC, in the Light of the Jurisprudence of the TST and the STJ and under the Perspective of the Principle of Effectiveness of Execution.
This article deals with the existing controversies, within the scope of the procedural execution of the work, around the interpretation and application of art. 139, item IV, of CPC/2015, which provides for atypical executive measures. The study analyzes the procedural techniques of the CPC to give greater effectiveness to the executive guardianship, in view of the enormous difficulties of satisfying the credit in the execution phase, one of the great obstacles to labor justice. The...
Read more →The Concurrent Jurisdiction in the Enforcement of Judgments: Brief Considerations on the (Non) Mandatory Nature of the Judgment Creditor's Will and the Adequate Jurisdiction Principle
During the judgment enforcement phase, the judgment creditor is entitled to select a court other than the one in which the case was adjudicated at the first degree of jurisdiction (art. 516, single paragraph of the CPC). Considering this concurrent jurisdiction and the risk of abuse of procedural rights by the judgment creditor, this article seeks to consider the jurisdiction system for the enforcement of the judgment as a syncretic process phase, examining whether or not the judgment...
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