O processo marítimo à luz do Direito Processual Civil

• Autor(a) principal: Júdice, Mônica Pimenta
• 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/6466
• topic: Direito Marítimo; Processo marítimo; Direito Processual Civil; Novo Código de Processo Civil (NCPC); Jurisdição compartilhada; Tribunal marítimo; Poder judiciário; Procedimentos especiais marítimos; Maritime Law; Maritime process; Shipping Law; Civil Procedure Litigation; Brazilian New Code of Civil Procedure (NCPC); Shared jurisdiction. Maritime Court. Judiciary. Special Maritime Procedure; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Despite the length limitation of an abstract, it is considered appropriate to define and clarify the object of this work. In times of intense legislative activity, the debate concerning to the nature of the decision given by the Maritime Court strengthened when the art. 529, item X of the Brazilian New Procedural Code (enacted on House of Representatives version) gave force to the maritime court as an enforceable judgment. In this study, within the limits of a master thesis, our purpose is to research the possibility of exercising judicial activity outside the boundaries of the Judiciary Power - here called "shared jurisdiction , where we will be able to highlight a focus on the activity performed by the Maritime Court. On the ground of this delimitation of the subject, we shall briefly input our research outline. Initially, it was analyzed the maritime law as an autonomous science with emphasis in its codification, its concept, its sources and its spatial boundaries. Then, it was examined the special maritime procedures listed in the Codes CPC/39, CPC/73 and NCPC. For a deep investigation of the maritime special due process, it was consider absolutely necessary, yet concisely, to track the historical evolution of the concept of jurisdiction in order to be able to enter the second part of the work with regards to judicial review of decisions of the Maritime Court - linking, thus, to the so-called shared jurisdiction by having the Maritime Court performing judicial activity