O Contempt of court no direito norte-americano e brasileiro

• Autor(a) principal: Barbosa, Adriana Villa-Forte de Oliveira
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Espírito Santo (riUfes)
• Texto Completo: http://repositorio.ufes.br/handle/10/2708
• topic: Breach of Court Order; Court Decisions; Contempt of Court; Descumprimento de ordem judicial; Decisões judiciais; Direito Processual Civil; 340

The contempt of court in the strict sense is an act of disrespect or disobedience to the judiciary, which interferes with your regular procedure with the intent to embarrass, hinder or obstruct the administration of justice. Broadly corresponds to what we call the institute legal understanding beyond the act itself, the power that a court has to suppress this, the procedures required for their prosecution and penalties. The contempt power is the power that courts possess to punish acts constituting contempt of court through the application of sanctions. The basic premise is that there is no legal power and authority which ensures that it ensures compliance with its decisions. The origin of this power is intertwined with the very origin of the judiciary in common law countries, which ultimately make it inherent in this. Admittedly, this is not an unlimited power, used indiscriminately, there are specific procedures for the verification of this. In Brazil, the institute is not used to its fullest, however the vast jurisprudential research conducted showed that the courts recognize the contempt of court both in the strict sense, related to the act itself as a broad offensive, as the institute appropriate to punish acts of disobedience of court orders.