O "Amicus Curiae" no Direito Processual Civil Brasileiro / The "Amicus Curiae" in the brazilian civil procedure

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The objective of this assignment is to study the existence of the amicus curiae in the Brazilian legal system. This subject is part of a trend which emphasizes the new role played by third parties in civil procedures. Initially, an analysis is made of the origin of this institution in the American and English Law, including a description of its main characteristics and evolutionary aspects, as well as its adoption in some legal systems of the Roman-Germanic family and in some supranational legal systems. In analyzing the Aliens Law, two distinct phenomena are identified: the amicus curiae assume not only an instrumental, passive role, becoming a tool at the disposal of the judge for the preliminary instruction, but also have a proactive role, taking the initiative of defending interests not represented in court. Based on these findings, as well as on the elements and characteristics of this institution in other countries, this topic is studied in the light of the Brazilian legal system, since the first manifestations (CVM, CADE) of this institution to the most recent legislative innovations. Among other assumptions, special attention is given to the innovation on the control of constitutionality (diffuse and centralized). Thus, this topic is analyzed under the direct action of unconstitutionality, the declaratory action of constitutionality, the argumentation of failure to comply with an essential precept and the incident of unconstitutionality. Upon an analysis of the assumptions expressly contemplated, it is proposed that an authorization be granted to extend the participation of the amicus curiae to other procedures, as a way of expanding the participation in the administration of justice, which is the corollary of the democratic principle.

ASSUNTO(S)

intervenção de terceiros processo objetivo third parties direito processual civil civil procedure social interest public interest processo civil - brasil amicus curiae interesse público interesse social ciencias humanas amicus curiae objective procedure

ACESSO AO ARTIGO

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