A influência dos fatos supervenientes ao processo em andamento

• Autor(a) principal: Martins, José Tenório Bezerra
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNICAP
• Texto Completo: http://tede2.unicap.br:8080/handle/tede/889
• topic: Brazil. Supreme Court; civil case - Brazil; res judicata; dissertations; Brasil. Supremo Tribunal Federal; processo civil - Brasil; coisa julgada; dissertações; CIENCIAS SOCIAIS APLICADAS::DIREITO#; #-7277407233034425144#; #600

The present work analyzes the Influence of the Supervenient Facts into the Progress Process, in face of the article 462 of the Brazilian Civil Process Code. The study begins, with emphasis in the juridical institute of the Lawsuit´s stabilization present at the two legal statutes and their devices, with the analysis of the comparative aspects between the Canonic Procedural Law and the Civil Procedural Law. It talks about the juridical institute of the demand´s cause, their theories that objective to define and put it and locate on which theory our CPC adopted it and, finally, analyzes the influence of these facts in face of article 462 of the CPC, its influence in face of the judged thing, the Open legal System, the Emergency in the Procedural System, the legal security, the relativização of the considered thing and the Modulation of the decisions of the Supreme Federal Court. The research method was based on the reading of the bibliography about the juridical institutes which have relation with the project´s theme, based on the jurisprudence of the National and Greater Tribunals, on the brazilian and foreign doctrine, and based on an concret case´s precedent. The results of the study made a better comprehension of the project, with an precedent´s indication, and it contributived to the objective´s execution, specially to the judgements of the Local Tribunals, of the Justice Superior Tribunal and of the Federal Superior Tribunal, with the modulation of their respective decisions.