Published: 2021-12-31

Editorial

Frederico Augusto Leopoldino Koehler
1
Abstract

Seguindo a periodicidade semestral existente desde a sua criação, a Revista ANNEP de Direito Processual anuncia com alegria a chegada do seu quarto número. Completando agora dois anos de existência, a publicação vai se tornando referência para todos os que estudam o Direito Processual em nosso país. Os textos são enviados diretamente pelo site da revista (https://revistaannep.com.br/index.php/radp), onde constam as diretrizes formais e condições de submissão para os autores, sendo todo o...

Read more →

Procedural Contract about the Coercitive Fine

Vitor Henrique Melo de Albuquerque, Felipe Costa Laurindo do Nascimento
2-16
Abstract

The procedural contract and the effectiveness of judicial procedures are outstanding themes in the Brazilian procedural system. Regarding the first, respect for the parties' case management powers and the general clause of atypicality make up the idealized notion of a process developed in favor of interested parties and flexible to their particular interests. Regarding the second, procedural techniques were developed and outlined in order to meet the needs of material law. In the midst of...

Read more →

The Law no. 14.112/2020 and Mediation in Judicial Reorganizations: A Way to Provide Access to Justice and Effective Material Equality Between Creditors

Fabiana Marcello Gonçalves Mariotini, Maria Eduarda de Paiva Miguez
17-32
Abstract

The article aims to introduce the main changes brought by Law no. 14.112/2020, which reforms Law no. 11.101/2005. Among such changes, one that is gaining prominence is the reaffirmation of mediation as a party autonomy space in procedures involving business companies in crises. Therefore, opening spaces of consensus allows creditors to obtain more favorable conditions for (re)negotiation, which not only concretizes an ideal of pacification but also guarantees the effectiveness of the...

Read more →

The Instability of Civil Process in Pandemic Times and its Effects on Contracts and Consumer Relations

Gleiner Pedroso Ferreira Ambrosio
33-44
Abstract

This article proposes to analyze the present impacts on the Brazilian procedural activity due to the COVID-19 pandemic, either by analyzing the damage to the stability of organs judging bodies, or by addressing their jurisprudential position in the face of new social demands, especially regarding consumer issues.

Read more →

Expert Evidence and Conviction – Between the Perfect and the Imperfect Expert Report

Murilo Teixeira Avelino
45-60
Abstract

The purpose of the evidence is to allow convincing. It occours that the evidence is not always perfectly received. It’s necessary to distinguish two diferente situations: the perfectly produced evidence that is not able to convince and the evidence whose production is defective. The expert is an important part in the procedure dialog and the expert evidence, characterized by providing specialized knowledge to the procedure, requires him to justify his reasons, exhibiting a perfect and...

Read more →

The Verification Criteria of the Adequate Representativeness and the Practice of the Brazilian Representative Model

Vitória de Sousa Pontes
61-75
Abstract

Brazil adopts a representative model of collective procedure in which an extraordinary legitimate singular part, thru a formally written legal authorization, conducts the process in his own name, in defense of rights that belong to a group of people. In this context, the collective due process of law has become a theoretical reference for a considerable part of the doctrine to admit the possibility of controlling, in the specific case, the adequacy of the representativeness of this...

Read more →

Judicial Precedents: Concept(s) and Characteristics

Marcelo Luz Chaves
76-88
Abstract

This paper aims to present the concept(s) of “judicial precedents”, as well as to outline some of its characteristics, such as the possibility of being source of law (even in “civil law” sistems), the differents degrees of creative contributions that they can give to the law and the cases in wich they are consedered binding in brazilian law.

Read more →

Procedural Agreements in Civil Execution Proceedings

Nilsiton Rodrigues de Andrade Aragão
89-103
Abstract

The main objective of this work is to analyze the amplitude of the admissibility of atypical procedural transactions without execution of judgment and without execution process. The study has a qualitative approach, supported by a literature review and analysis of legal provisions. It is concluded there was an effective expansion of the scope of Procedural agreements in civil execution proceedings and that the hypotheses of illegality of the object are exceptional and should be analyzed in...

Read more →