O processo de conhecimento, previsto no Código de Processo Civil, como suporte normativo ao procedimento de jurisdição voluntária / The trial procedure established in the Code of Civil Procedure as normative support to the voluntary jurisdiction.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

ABSTRACT This study examines the trial procedure (which in Brazilian system doesnt includes the enforcement of the decision) established in the Code of Civil Procedure as normative support to the voluntary jurisdiction. It was divided in six chapters. As general purpose, the first three chapters treated about the classification of the procedures and proceedings existing in the Code of Civil Procedure, the Procedural Laws general principles, the basic principles applicable to the voluntary jurisdiction and the Jurisdiction itself. From the forth chapter, we developed, through bibliographic consult and research on some foreign legal systems, a more specific study about the voluntary jurisdiction and its characteristics in order to finally investigate, trough systematic analysis, how institutes originally established to serve contentious jurisdiction could also serves voluntary jurisdiction, according to the line of direction fixed in the Code of Civil Procedure, article 272 only paragraph. We verify that it cant simply trust the voluntary jurisdictions special proceeding to the contentious jurisdictions ordinary proceeding without a previously investigation about the compatibility between ones and anothers institutes. Thus, we analyzed the main institutes treated in the Code of Civil Procedures first book in order to confer, or not, application of these institutes to voluntary jurisdictions proceeding. We close our study by presenting sixty-five considerations about the discussed subjects.

ASSUNTO(S)

procedimentos jurisdição voluntária jurisdiction. processos procedure voluntary ciências humanas normative code of civil procedure processo civil voluntary jurisdiction

ACESSO AO ARTIGO

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