Controle da competência adequada no processo civil

• Autor(a) principal: Hartmann, Guilherme Kronemberg
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9364
• topic: Internal jurisdiction; Natural judge; Appropriate jurisdiction; Forum shopping; Forum non conveniens; Competência; Juiz natural; Competência adequada; Forum shopping; Forumnon conveniens; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

The general theory of jurisdictional competence and its repagination before the new codified procedural law (Law nº 13.105/2015). Examination of concurrent and alternative definition of the rules of internal jurisdiction. Abusive forum shopping and its control by adopting the doctrine of forum non conveniens - delimitation of the phenomenon in the sphere of the conflict of jurisdictions, as well as in the internal order of jurisdiction. Abuse of the procedural right and the possibility of manipulation of the rule of internal jurisdiction to achieve illegitimate objective, including through the election of the procedure. The feasibility and pertinence of the control of the appropriate jurisdiction, its legal framework and authorizing premises, as well as the management format by the judge. Indication of criteria reducing judicial discretion in the definition of appropriate jurisdiction. The inspection of the appropriate jurisdiction thought both from an integrative or interpretive criterion of the normative insufficiency on the delimitation of the jurisdiction; as in the reason of an application method, in concrete verification and containment of abusive forum shopping. Specification of working hypotheses, real and hypothetical, of definition of the competent court for processing and judgment of cause, not solved by simple deductive reasoning, but by the appropriate jurisdiction.