Amicus curiae no novo código de processo civil

• Autor(a) principal: Cavallaro Filho, Hélio Donisete
• 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/27363
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Amicus Curiae; Novo código de processo civil; Democratização do processo civil; Constitucionalização do processo civil; Amicus curiae; New code of civil procedure; Democratization of civil procedure; Constitutionalisation of civil procedure

On March 16th, 2015, by the Federal Law no. 13,105, a new Code of Civil Procedure, with vacatio legis of one year, debuted in the Brazilian legal system. It was the first of the Brazilian Codes to be fully elaborated in a democratic environment, being genuinely written “in several hands”, as a synthesis of our deliberative democracy. Therefore, a publicist model of process was chosen, as opposed to the purely individualistic system, with the understanding that the modern judicial process, to fulfills its social function, must be structured in such a way as to give concreteness to the values that transcend purposes purely private. One of the consequences of this new conception was the express legal discipline of the amicus curiae institute, understood as the third party intervening in the process on its own initiative, by provocation of one of the parties or even by determination of the magistrate, seeking to provide elements that allow a decision to be taken which takes account of dispersed interests in civil society and in the state itself. So, in order to understand this figure in Brazilian civil proceedings, the following question arises: how, and in what context, does the amicus curiae have legal discipline in the new Code of Civil Procedure? Understanding the effectiveness, validity, and scope of the amicus curiae institute involves this question, which presents a number of legal, historical, political, and procedural elements that should be carefully considered, otherwise a cursory study of the subject will be undertaken. Analyzing this problem, we can achieve the main objective of our project, which is to understand how, and in what context, the legal discipline of the amicus curiae is given in the new civil procedural law. As a theoretical reference, we adopt the constitutional principle of the Democratic Rule of Law and the constitutional fundament of citizenship, as recommended by article 1, caput and subsection II, of the Constitution. The methodology used consists of bibliographical research, which will be carried out through consultation of books, journals, articles, legislation, jurisprudence, etc. Finally, we hope, as results of the present investigation, to gain a better understanding of the relations and implications between the Democratic Rule of Law and the civil process, to understand the differences between the amicus curiae and other procedural subjects, to reach a greater understanding of the kind of interest that motivates the amicus curiae, among others