Sentença: características e aspectos relevantes

• Autor(a) principal: Dias, Thiago Carrera
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35812
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Direito; Processo; Civil; Sentença; Law; Legal Proceedings; Civil Law; Sentence

The present work aims to analyze the sentence within the civil proceedings scope, its characteristics, requirements and effects, as well as the relevant aspects arising from the new procedural legislation. Therefore, an important analysis is carried out on the concept of sentence from the point of view of eminent scholars, in addition to their classic classification with a focus on the resolution or not of merit and the newest growing classification in relation to the jurisdictional provision that is sought in the process. Once these premises have been established, the requirements of the judgment, its structure and the need for justification under the constitutional aegis and the current civil procedural legislation are verified. Important considerations about the rules of congruence of the sentence are also studied in order to understand the limits of the jurisdictional provision and its relation to what is demanded in the process by the litigants. Such a study proves to be of utmost importance, since, in general terms, the sentence is the culmination of the process, in which the claim of the alleged party in court, through an act of intelligence of the magistrate, receives the application of law and produces effects not only between the parties of the proceedings, but throughout society. In this context, the real intention of this monograph is to develop a comprehensive study and legal reflection on the subject, due to the major effects of the sentence in society and the need to guarantee legal security in the democratic rule of law. Legal certainty is closely linked to the quality and efficiency of the sentence, as well as to the correct understanding of the analyzed facts and the applied law. This research is updated and in accordance to the current legislation, as well as supported by technical reports, scientific articles and works of renowned jurists, contributing to the reflection proposed herein. At times, the study sought to compare the former Code of Civil Procedure of 1973 to the new Code of 2015, in order to clarify some legislative innovations