Do questionário aos temas da prova

• Autor(a) principal: Candeias, Catarina Santos de Jesus
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/148533
• topic: Estágio; Questionário; Base instrutória; Temas da prova; Gestão processual; Adequação formal; Prática judiciária; Internship; Questionnaire; Instructional basis; Themes of evidence; Procedural management; Formal suitability; Judicial practice; Direito

This internship report was prepared within the scope of the non-teaching component of the Master's Degree in Forensic Law and Arbitration, by NOVA School of Law. It results from a four-month internship that took place in the Civil Section of the Central Court of the District Court of Lisbon, supervised by Dr. Judge Ana Paula Nunes Olivença. This exposition aims to investigate a topic discussed in the context of the internship and its analysis from the perspective of judicial practice. Such practical analysis will encompass the knowledge and experience acquired during the internship, resulting from contact with the magistrates, presence in prior and trial hearings, drafting of sentences and simulated orders, as well as consultation and monitoring of civil cases, and will be based in a statistical study conducted by us, through a survey among the portuguese magistrates. The chosen theme deals with the instruments for the organization of the production of evidence in the civil declaratory process and falls within the area of Civil Procedural Law. The purpose of this investigation is, in a first stage, to understand the figures of the specification and questionnaire, instructional basis and established facts, and themes of evidence, and what are the advantages and disadvantages of each of the legal regimes, considering the procedural principles. In a second part, our goal will be to analyze the relationship between the figure of the themes of evidence and the principle of procedural management, which will allow us to conclude that there are several mechanisms for flexibilization of the current regime, and we will assess the results of this flexibilization. Finally, we will conduct a brief analysis of a statistical study carried out by us, which consisted of an anonymous opinion survey published by CSM, ASJP and Judicial Court of Lisbon District, with portuguese magistrates as its target audience. In short, the analysis developed throughout our work aims to understand the effects of legislative changes on portuguese courts and what they imply for the judge's activity in managing the organization of the production of evidence.