Análise da adequação das normas sobre competência às inovações decorrentes da sociedade da informação

• Autor(a) principal: Lima, Caio César Carvalho
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6417
• topic: Direito Processual Civil; Competência; Sociedade da informação tecnológica; Lex Informatica; Civil Procedural Law; Competence; Information technology society; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This dissertation aims to investigate, from the perspective of Civil Procedural Law, the adequacy of the concept of competence as presently understood, considering the changes from the information technology society. To reach this objective, it will be important to study doctrine, legislation, case law and bills related to this theme. To achieve this desired goal, it is important to address the essence of the World Wide Web, verifying the legal impacts brought on as a result from technological changes. Moreover, it is relevant to study Cyberlaw s schools of philosophy, which will make it easier to understand the evolution of the subject over the years. It is also important to check the grounds taken into consideration for the establishment of territorial boundaries, since this artificial concept is still used today. Additionally, it is important to address how the subject is addressed in other nations, especially in the United States, Italy and Portugal, for the purposes of harvesting the treatment of other nations on the subject. Finally, it is relevant to verify how Brazilian judges are positioning themselves on the subject, and how to deal with the de lege ferenda predictions. With this research, the topic will be extensively covered and with the depth that the work demands, which will lead to the conclusion that the concept of competence needs to be updated in order to be better harmonized with the new social implications