Direito probatório e concretude da tutela jurisdicional

• Autor(a) principal: Campos, Euclides Dias
• Data de Publicação: 2013
• 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/34003
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Prestação jurisdicional; Õnus da prova; Efetividade judicial; Jurisdictional Service; Burden of proof; Legal effectiveness

In order to accomplish the objectives stated in Civil Rights System, its steady enhancement is urged to take place so that Jurisdictional Services are enabled to provide legal regulations, in fact, under due readiness and efficacy and so to reach the so desired social pacification. Since the lawsuit is the way state jurisdictional custody is performed, its prerogative is to ensure the rational use of law, aiming at obtaining Rights actuation. Therefore, the present study has been developed to analyze themes related to the chaotic status the efficacy of judicial decisions is currently found, which has led to rather frustrating jurisdiction, who expect to receive inherent jurisdictional custody from the Federal Justice to current Right Democratic State within nationwide legal ordering. The so‐called Grand reform performed in the Civil Rights System, underlying the 1973 Civil Rights Code, the necessary introduction of several random laws targeted to suit it to the 1988 Federal Constitution as well as to the Constitutional Amendment # 45 of 2004, mainly, among others, which have significantly altered several points of CRC, have not managed to achieve the desired reasonable duration and fast pace of lawsuits. Henceforth, despite the formal jargon in which the causes which slow down the legal System have been discussed, this study has searched, aligned with constitutional information principles to Access Justice and the Steady Appreciation of Legal System demands, for bringing out other reasons which have not been broadly discussed by the offices in charge of such issue, as well as by a considerable part of law operators, though not intending to, however, end up a deeper analysis of the feasible study within the proposed limits