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The main objective of this paper is to debate and ponder on what we are willing to abdicate up in the name of the efficiency of the judicial system and the predictability of the Court decisions. This is a question that we still have to ask ourselves, regardless of personal beliefs about the use of the robotic decision. Are we sure that artificial intelligence can also be right? Well, the most serious risk of artificial intelligence is that of relying on technology also for the making of judicial decisions. So, we propose think about this in such paper.

The paper aims to analyze the evidentiary legal structure of the extended confiscation in the Brazilian criminal procedure, focusing on the claim that extended confiscation reverses the burden of proof by removing it from the prosecution and transferring it to the accused. The paper will show that extended confiscation is based on a relative legal presumption of illicit origin of the incompatible assets of those convicted of serious crimes. The use of presumption, as will be shown, does not mean reversing the burden of proof, as it requires prosecutors to produce strong and sufficient evidence to prove the facts that support the legal presumption.

This paper deals with the discussion about one of the admissibility requirements of the Incident of Resolution of Repetitive Claims, the effective repetition of claims that depend on the solution of the common question of right to be uniformized and that is the object of the standard procedure. To this end, the author structures the paper in two parts. The first part, related to the legislative process, seeks to raise the debate and the final will of the legislator. The second part deals with the interpretation of the relevant legal norms, also comparing them with the system, the purpose, the legal nature and the logic of the new institute.

Why Brazil presents high rates of pre-trial detention? The analysis of the numbers of pre-trial detention denotes the explication is not solely legal. The paper problematizes the relation between pre-trial detention and the length of criminal cases on first degree criminal courts until the judgment promoting comparison on imprisonment rates and judicial congestion in first instance. It asserts judicial congestion as a relevant factor to estimate pre-trial detention. Methodologically, the paper promotes legal-exploratory research and documental analysis – this, considering data available on imprisonment in Brazil.

This paper proposes a reflection on the role of Latin in legal practices and legal culture. Specifically, this work argues that a proper understanding of the role of Latin in the legal world requires more attention regarding what this language brings to that field. To suit this, this study sheds some light on the historical-linguistic nature of the so-called “legal Latin” and also on the proliferation of glossaries and manuals of this modality of Latin that do not contain linguistic and historical-cultural reflections. Secondly, this paper calls into attention the importance of understanding Latin through the Latin language, especially for a less shallow understanding of the bases of Roman Law and the Legal History. Furthermore, this work highlights the linguistic character of Latin in terms of both the production of utterances and their comprehension through explicit linguistic reflection. Lastly, it draws attention to the importance of the Latin language and the Roman culture for the intellectual and academic training of jurists and lawyers.

The paper herein attempts to examine the ruling handed down by the Supreme Court in a Direct Constitutionality Suit, which was filed under no. 4414/AL and in which the highest court in the land looked into the constitutionality of a state law establishing panel ruling in state trial courts, in addition to other matters relating to the proceedings carried out before that new court. To that end and in view of the constitutional rules regarding allocation of jurisdiction, the Supreme Court, in theory, had to define the concept of practice and procedure and, after comparison with state law, determine if it fit the former or latter description, which would thus determine its compliance or non-compliance with the Federal Constitution. Based on this case, the paper aims to critically investigate the ruling made by the Highest Court of Justice in Brazil, comparing the assumptions validated at the trial with the dogmatic concepts espoused by renowned legal procedure experts

This paper presents a socio-cognitive approach of the referentiation process, in order to check to what extent and in which way the strategies adopted in the treatment of the lexicon in the literacy process can be updated, or even confirmed, in reading or in writing. Studies on how words are stored in the user memory and on how they are accessed - while language is being used - represent a great advance in understanding the literacy process, especially for psycholinguistics research. Besides, this paper highlights the prototypical notion of categorization treated in the cognitive studies as well as the notion of exemplar representation in the socio-cognitive area, which is based on the experience of culturally-situated speakers. A practical approach of these studies to the literacy process is demonstrated in this paper, taking into consideration prefabs in the referentiation operation.

The paper discusses three aspects in New Literacies Studies research in Brazil, as developed by researchers from an Applied Linguistics perspective. This perspective contributes to determine epistemological, theoretical, and methodological issues in literacy research, as well as ethical issues in regard to the relationships established with the groups who participate in the research. Taking examples from our research group, known as Teacher Literacy Research Group (created in 1991), we discuss transdisciplinary relationships built between Literacy and Dialogism as developed by Bakhtin and his Circle. Another intersecting point between Applied Linguistics and Literacy Research discussed in the paper is the relation between ethics and research in the two fields; a third one has to do with the methods adopted: as in several other studies in Applied Linguistics, in literacy studies, ethnography has been the preferred methodology. We conclude pointing out that an approach that conceives its object in a transdisciplinary manner and adopts ethical criteria as a research validation element favors the development of critical studies about writing in which the choice of problems and research contexts support the social goals of the investigated groups.

This paper deals with the recall of classical rhetoric elements in Aristotle and Quintilian’s doings, highlighting the enthymeme as well as the use of these elements as necessary knowledge for teaching and improving post graduate student argumentative writing in the production of a specific genre: the reader’s letter. The methodology used in this paper was qualitative, with the purpose of building a tool for the analysis of argumentative letters produced in an experiment that took place in a post graduate course. Among the letters produced by twelve postgraduate students, it was sellected the ones written by a master’s degree student in Psychology as an illustration of the instrument. Accordingly, this student was introduced to the classical rhetoric elements, as well as the arrangement and operation in the production of these kind in question, starting from the entimema as a central element. Simultaneously, specimens of the genre reader’s letter sent to the Carta Capital magazine, were analyzed to recognize in them the presence of these elements and to analyze how they combine and contribute to the making of the objective, clear and persuasive argumentative text. At the end of each meeting, from reading the magazine subjects, the student went on to produce similar letters to those sent to the reader’s section, with the purpose of employing the elements reconvened seen so far. This experience has shown that the use of these elements was able to contribute to improving this student practice of argumentative writing.

The 2015 Paris Agreement, complementing the United Nations Framework Convention on Climate Change, showcases an impressive consensus on climatological rhetoric. Thereby, it will contribute certainly neither to achieving its overall objectives on temperature nor to redressing any of the resulting “loss [or] damage” yet possibly tocontinuing the worldwide dialogue on the environment or on ecological entitlements. This paper will dissect and categorize these. It will conclude that the framers essentially kept the conversation going, nationally and internationally, encouraging the establishment, the adjudicatory branch, and the public to resume the conceptual or practical advancement on the topic.

This paper deals with the themes of jurisprudence and precedents in Brazilian Law, highlighting the structuring of the Brazilian system of precedents, as provided for in the 2015 Code of Civil Procedure, emphasizing its characteristics in the context of Comparative Procedural Law.

This paper demonstrates that the Repetitive Claims Resolution Proceeding (IRDR) has provided a procedurally more auspicious technique for the resolution of mass claims regarding homogeneous individual rights than the article 81, item III of the Consumer Protection Code class actions were able to, for it affords economy of scale without violating litigants autonomy in mass adjudication. At the end, it argues that there is a mixed relationship between class actions and IRDR: a complementary one between both techniques for the protection of negative value claims, and a superiority one, favoring the latter, for the protection of positive value claims.

This article highlights the class action proceeding in Quebec, seeking to expose its main characteristics. The article initially explores the Canadian legal system and provincial legislative peculiarities. In addition to that, the paper explores the three major objectives of class actions: (i) judicial economy; (ii) maximizing access to justice; (iii) deter actual and potential wrongdoers from inflicting damage, especially small amounts of damage on a larger number of people (preventative objective). In sequence, such article specifies how the two-step class action procedure works, starting with the application for authorization, which is a preliminary request and a unique step in the province of Quebec that is meant to filter frivolous demands. Only once the authorization is granted may the case be heard collectively on the merits. The second step of the two-step procedure is an originating application that must be filed if the class action is authorized. Furthermore, this study deals with many relevant matters regarding the class actions in Canada (particularly Quebec), such as: (i) Right of Appeal; (ii) Res Judicata Effect – on absent members; (iii) Monetary Distributions and Types of Collective Recovery; (iv) Class Action Financing; (v) Possible Settlements; (vi) Multi-Provincial Class Proceedings and National Classes.

This paper examines the obsolescence of mandatory court precedents and its role in the application of the stare decisis doctrine in the United Kingdom and the United States of America. The method of conceptual analysis, through literature review, is used to identify its hypotheses. It proposes a tripartite classification of these linked to their potential contexts of origin (judicial, legislative and social). It analyzes the role played by obsolescence in the evolution of stare decisis. It concludes that it serves as a bridge between the instrumental and pragmatic purposes of stare decisis (stability and predictability) and the reasons of justice that guide the exercise of jurisdictional activity.

This article deals with the main aspects of enforcement proceedings. In addition to that, the paper suggests premises for an adequate comprehension of the provisions related to the defenses to be filed by the judgment debtor. Firstly, it is important to highlight the complementarity between the enforcement rules. After that, some issues have to be analyzed. For instances: (i) the enforcement proceeding is not capable to satisfy the full defense which is guaranteed by constitutional rules (for this reason, it is mandatory to allow the presentation of other complaints containing new arguments during such proceeding); (ii) it is also relevant to do the distinction between material and procedural issues (the merit of the enforcement is always the credit); (iii) the enforcement is a summary proceeding and doesn’t allow the stability of the debated matters (there is no full cognition); (iv) procedural decisions rendered (which involves absolute invalidity of a previous decision) can be appreciated anytime during the enforcement proceedings.

The increase of consumer relations in the European market potentiates crossborder litigation. The European Union, aware of such reality, is trying to create necessary measures and instruments to mitigate difficulties related to multi-located conflicts. This attempt represents a responsible attitude to guarantees access to justice. In this context, the present paper aims to evaluate, in the European judicial frame, the evolution of the procedure – applied to consumer disputes –, in particular in their effectiveness, through the use of technologies (in the context of the e-Justice). The use of electronic devices in the European procedures (in particular concerning the European injunction and in small claims) has been reinforced, in an attempt to ally the procedural information systems to promote the accessibility and celerity. However, the European procedures related to cross-border lawsuits have not taken an expressive place in the law operators’ options. Even that we consider that the e-Justice may contribute to the efficacy and celerity of the European lawsuits, we have a counter cycle that resists its use. There are many recognized advantages to this kind of instrument. Although, the juridical-cultural sensitivity for effective use of these instruments is uncertain in the European judicial architecture, which contributes to a system imbalance.

This paper addresses the issue of judicial precedents and its application in the criminal procedure in the light of penal guarantee. It begins from the contextualization of precedents, the analysis of the possibility of applying civil procedural rules to criminal proceedings and examine the main developments of the criminal guarantee. Thus, the objective is to verify whether the precedent system will not be used only to solve a quantitative problem in the Judiciary, to the detriment of the defendant's right to have the specifics of his case considered by the judge. For this purpose, the hypothetical deductive approach method will be used to find out if the hypothesis can be confirmed before the variables found.

In this paper the authors address the current situation in which civil justice is found, highlighting the barriers that exist to access it and the subjective marginality in which a vast sector of the population finds itself. Based on this, the imperative need to reform the civil process is analyzed in order to correct the current crisis of rationality and tend to the efficiency, usefulness and effectiveness of the processes.

The article aims to do specific and relevant observations regarding the collective redress in Europe. This is a polemic and enigmatic subject, which has been receiving increasing attention from European political agents. It is also be analyzed the possibility of using collective redress instruments to regulate situations of mass damage, as well as the responses given by Europe to this demand. Finally, it is imperative to emphasize that the present paper does not have the pretension to state if there is some superior model of protection and compensation. The article only intends to critically describe the current scenario, in an attempt to optimize all options for better protection of the collective damages.

The evidence injuction, embody in explicit form to frame of the provisional measure technique on CPC of the 2015, takes for granted the idea of existence of a obvious right of the demandant, which justifies greater effectiveness of the adjudication in the cases provided by procedural law. “Clear legal right” and “obvious right” must be connected to “evidences” which sustain it, that is, the evidences. The statement of the evidence injuction in a possible improvement of process time, although politically, economically and sociologically tenable, does not constitute procedural key piece for the decision of the adjudication. The paper adresses this issue, dialoguing with doctrinal view about.

This paper deals with the intangible values of conflict resolution mechanisms, aiming to develop a culture of social conciliation.

This research approaches the online dispute resolution platforms and their tendency to allow self-represented litigation, and it brings some concerns about vulnerability of the parties involved in this kind of processes. For doing this, the paper presents points of parties’ vulnerability in jus postulandi cases that are already permitted, and it also indicates negative consequences (including social consequences) of the idolatry of agreements culture only based on decreasing the quantity of processes at Judicial System. At the end, it relates the choice architecture (the design of different ways in which choices can be presented) with cerebral human systems of decision-making, showing its power to reduce or emphasize the vulnerability inherent in self-represented litigation.

This paper aims to examine how investigative findings obtained in the early stages of criminal prosecution resonates on the final ruling, as well as the repercutions of the modifications introduced by “Lei nº 13.964/19” in this matter, particularly in what concerns the creation of the “judge of guarantees” and the exclusion of preliminary pieces of evidence from the records that will be subjected to analysis by the judge of the case.

Due to a increasing protagonism by the Judiciary, legal mechanisms to rationally control the activity of its members acquire even greater importance. One of these legal mechanisms is the duty to make explicit the base of their decisions. In this paper, we start from the hypothesis that it is essential, for a decision to be considered based or grounded, that all objections that have been raised to it are refuted. Based on bibliographic research, following hypothetical deductive and fallibilism methodology, it will be verified whether this conjecture arises, and is compatible, not only with constitutional procedural principles, such as the right to petition and the due process of law, but with the way Epistemology understand the foundation of knowledge and beliefs in general. With this, it will be verified whether art. 489, § 1, IV, of Brazilian Civil Procedural Code, since prescribes an obviousness, is applicable to other procedural subsystems, such as administrative procedural law, and labor or criminal procedural law, regardless of the specific infra-constitutional legislation.

This article has two main purposes. The first is to provide a short panorama of existing trends within computer-assisted stylistics. The second is to analyse a prize winning novel by English writer Julian Barnes, by resorting to the tenets and working tools of one of the newest branch of Stylistics, the so-called Corpus stylistics. To this end, the article starts by looking at various attempts at defining what style is and their implications to the definition of the discipline known as Stylistics. Then the paper presents recent work within the field of Corpus stylistics, as it describes the uses of computational tools as part of the stylistician tool kit. Finally, the paper provides a variety of ways with which a literary work may be approached digitally with a view to showing how computational tools can aid the stylistician in acts of interpretation. ------------------------------------------------------------------------------ UM BREVE GUIA PARA A ESTILÍSTICA DE CORPUS Este artigo tem duplo objetivo. Por um lado, apresenta um breve panorama de tendências no âmbito da Estilística assistida por instrumentos computacionais. Por outro, introduz estudo de um romance premiado do escritor inglês Julian Barnes, com base nos princípios e nos instrumentos analíticos de uma das mais novas áreas da Estilística, a chamada Estilística de corpus. Para tal, o artigo inicia pelo levantamento de diferentes concepções de estilo e suas implicações para a definição da disciplina conhecida como Estilística. Em seguida, o artigo apresenta pesquisa recente na área da Estilística de corpus, ao descrever as ferramentas computacionais que fazem parte da bagagem de trabalho do pesquisador na área da Estilística. Ao fim, o artigo introduz maneiras de abordar a obra literária digitalmente, com o objetivo de demonstrar como as ferramentas computacionais podem ajudar o pesquisador na área da Estilística em atos de interpretação. --- Artigo em inglês

In this paper, the question of authorship, that has been dealt with before in “Indícios de autoria” (POSSENTI, 2002), is taken up again. The purpose of the paper is to put forward new dimensions of the concept of authorship, including those related to the notions of style and writing in a school setting.

Through the analysis of reports on sorrow and pain, this paper attempts to investigate how speakers find relief and internal resources to reconstruct their lives by means of a narrative. The proposed reflections derive from two correlated experiences: (i) the observation of the speeches of mothers and fathers who belong to a group that supports grieving parents (speeches that promoted a favorable development of the mourning period); and (ii) the fact that the researcher herself had the opportunity to participate as the co-author of an unusual story: one involving a transsexual who underwent sex reassignment surgery and later wrote about the experience in order to transform pain into narrative. In the two cases, curative effects were noticed as well as identity empowerment, both stemming from the process of narrativization of pain. The peculiarities of such textual construction co-operate to put the notions of authorship and style into question, the definitions of which are located between a conventional way of understanding these notions (related to an autonomist conception of the language subject) and a discursive way (related to a social and historical conception of the subject). We made use of reflections proposed by Possenti (1988, 2009, 2012), who draws on the notion of author, according to Foucault (1969), and questions the notion of style. The perspective that runs through all the parts of the reflection in this paper is Pragmatics, which understands language as being performative (AUSTIN: 1975) and a place of excellence for the construction of identity (RAJAGOPALAN: 2003, 2006). From a narrative construction standpoint, this paper takes the reflections of Paul Ricoeur (2010) mostly into account.

The main purpose of this study is to analyze the anticipation of evidence (or “early production of evidence”) action in disputes between employers and employees within the Brazilian legal system. In order to achieve this goal, the paper provides a brief overview of the proceedings, as regulated by the Brazilian Code of Civil Procedure and analyses the jurists’ opinion on this topic. It also takes into account, when applicable, the regulation provided by Labor and Employment Procedural Law.

Mediation as an alternative technique for solving criminal conflicts anchored in the idea of restorative justice was introduced in Portugal through Law no. 21/2007. After a promising start, mediation was gradually abandoned, having been in a lethargic state since 2017. Seeking to understand the possible causes of this decay and to envisage the possibility of its resumption, we analysed in this paper whether the view and the actuation of members of the Portuguese Prosecutor’s Office in relation to mediation among the causes of its abandonment. This verification was carried out, methodologically, through the collection of documentary data and by listening to the members of the Prosecutor’s Office themselves.

The present paper analyzes the situation of the conditions of action in the Civil Procedure Code of 2015. It relates to its maintenance and the moment of verification, due to repercussions of practical-theoretical order that rise mostly from creating or not a material res judicata. The aim is to reveal the effects of lack of action declarations in different procedural moments. It focuses especially on an unintended consequence, which may be the impossibility of repropositioning the action in the face of the final sentence and causing effects on the Rescission Action. In order to do so, the study looks back on the evolution of theories of action, the text of the new Civil Procedure Code and on the considered doctrine. From a systemic analysis, it is concluded that the conditions of action remain surreptitiously in the new procedural document. Independently from the moment of the lack of action declaration by absence of action conditions, the sentence will be decisive and will not create the material res judicata under penalty of violating the rights and securities of the litigant notably from the due process of law in its procedural bias.

This paper has as its theme the analysis of the distinguishing and analytical confrontation in the appropriateness hypothesis of the special appeal by divergence between precedents of courts. The general objective is the study of the techniques of distinguishing and analytical confrontation that justify the appropriateness of the special appeal in case of divergent decisions between courts of law in Brazil (Article 105, III, "c" of the 1988 Federal Constitution). In order to achieve the general objective proposed it is necessary to observe three specific objectives: (i) to analyze the current functions of the higher courts; (ii) to study the techniques of distinguishing and analytical confrontation as methods of comparing cases in the special appeal; (iii) to verify, in the jurisprudence of the Superior Court of Justice, the Court's understanding regarding the application of these techniques between 2016 and 2018 (period of validity of the new Code of Civil Procedure). The method used will be topicsystematic. The first part will cover systematically setting up special appeal. The second part will focus on the analysis of cases of the STJ in relation to the hypothesis of divergence of precedents.

The purpose of this paper is to present an overview of Corpus Linguistics, characterizing it as an area of research, considering its relations with other areas of study and illustrating its applications with specific focus on Brazilian Portuguese. In order to develop these topics, this research paper discusses Corpus Linguistics characteristics by pointing out some issues that distinguish it from other areas of research, such as: (1) its specific way to define language as well as a particular form to do empirical research on the basis of evidence extracted from linguistic corpora, using computational tools; (2) the possibility to generate theoretical contributions through new descriptions of different language uses; (3) the interfaces it establishes with Systemic- Functional Linguistics, Applied Linguistics and Computational Linguistics; (4) the expansion of the area in many countries, including Brazil, due to new perspectives opened in several fields, such as, lexicography, lexicogrammatical studies, genre and language variation studies as well as cross-cultural studies. The discussion of the topics above should reinforce the argument that Corpus Linguistics cannot be considered only as a methodological approach, but rather as a research area that allows for empirical linguistic knowledge, leading into new theoretical insights about language. In order to illustrate some corpus research done within the scope of Corpus Linguistics using data from the Portuguese language, three empirical studies are briefly described at the end of this paper. These academic works used data from the CORPOBRAS PUC-Rio, a corpus compiled with the purpose of representing Brazilian Portuguese.

This paper analyzes the characteristics (and limits) of procedural flexibility and the combination of procedures in the Brazilian Civil Procedure Law, as instruments that allow the judge to promote procedural adaptability to adequate the procedures to the characteristics and peculiarities of the case.

This paper addresses the factor of consensuality in the scope of the criminal process, focusing on the abbreviated proceeding starting with the confession of the accused, foreseen in the Bill of the new Brazilian Code of Criminal Procedure. The constitutional (in)compatibility of this mechanism of abbreviated consensual resolution is analyzed: can such a tool be adopted without violating the constitutional guarantees of the accused? What is the limit for the use of negotiated solutions of this kind? What are the advantages, disadvantages and dangers of adopting an abbreviated proceeding based on the admission of guilt? These questions properly portray the controversies surrounding the subject. It is argued that the instrument in question can be harmonized with the constitutional safeguards of the accused in view of the advantages that it can bring to the State, to the society, to the victims and to the defendants themselves, while drawing attention to its disadvantages and dangers, which demand adequate legal regulation, the fixating of limits to the Prosecution’s participation, a more effective performance of the technical defense, and an actual control of guarantees by the judge. The study conducted is of an exploratory-comprehensive, legaldogmatic nature, giving priority for content analysis.

In this paper we consider how to adequately protect or defend the interests of these consumers in a criminal proceeding that, from our point of view, has particular characteristics: 1) in all of them there will be, or at least potentially could exist, a large number of affected consumers - victims - for the consequences of the crime to which a specific guardianship must be granted; 2nd) consequence of the foregoing is that thousands of affected citizens can also potentially appear as part; 3º) in turn, these citizens affected by the consequences of the crime may or may not be identified; 4º) beyond the strictly criminal object, it should be remembered that, in Spain, the criminal procedure incorporates by default, also the exercise of directed civil action, in accordance with art. 110 CP to achieve includes restitution, reparation for damage and compensation for material and moral damages; 5º) the lenght of the claim will foreseeably be long.

Brazilian 2015 Code of Civil Procedure bet on incentives to judicial settlements by setting clear rules for the preliminary hearing - which was placed right at the beginning of the proceedings and whose appointment is mandatory to the judge (art. 334). Nevertheless, its outcomes depend on how the rule will be practiced inside the judicial system. This paper provides data on frequencies and reasons invoked by decisions about preliminary hearings appointments in Lower Courts of the São Paulo State. Despite the clear rule, the hearing was barely scheduled, grounded on reasons that vary substantially.

This paper proposes the use of relief of evidence in the court decision at 1nd instance based on Article 311, item IV of the Code of Civil Procedure, as a way of ensuring the effectiveness of judicial protection and better distributing the burden of time between the parties. By the deductive method, the requirements for granting interim relief in this hypothesis were analyzed, as well as the side effects arising from it, such as the weakening of the automatic suspensive effect applied to appeals to arrive at the conclusion that the relief of evidence can be used at 1nd instance Court decisions.

This paper analyzes the necessity of establishing the disregard doctrine incident in order to reach the partner's patrimony in the tax enforcement, facing arguments for and against this possibility and demonstrating how the “source dialogue theory” can help to better understand an interpretation that privileges constitutional fundamental rights. It is concluded that, even in the face of distinct positions and intense doctrinal and jurisprudential disagreements, the disregard doctrine incident should be established in tax enforcement, to the detriment of direct redirection of tax enforcement.

The present paper about access of justice discusses the general rule of Brazilian Civil Procedure Law (2015), which establishes the duty of everyone to encourage the consensual solution of conflicts and, as such, investigates the possibility of conditioning the access to the Courts of a previous attempt to solve the conflict out of it, especially through online platforms as consumidor.gov.br

The paper analyzes whether the rule contained in article 109 of Brazilian Civil Code contains hypothesis of procedural contract in matter of evidence. The research was guided by questions related to sources and means of evidence, the importance of written documents in the production of evidence and procedural conventions on evidence. It then sought to demonstrate the admissibility of atypical procedural contracts in probative matter and the material and procedural nature of the provision contained in Article 109 of the Civil Code.

This paper deals with the Incident of Resolution of Repetitive Claims in the Brazilian order and the Group Litigation Order (GLO) in the British order as mechanisms for collective redress. Although the inspiration for the Incident of Resolution of Repetitive Claims was the German Musterverfahren, the analysis of the context in which the Brazilian and British instruments were created, as well as the admissibility requirements of each instrument, can contribute to improve collective redress.

The paper analyzes the probatory`s procedural covenants, in the light of the constitutional guarantees of the process, in spanish legal system. To do this, it emphasizes the fundamental right of the proof, the covenants on the initiative of the proof, the means and the burden of proof, as well as the analysis of the impossibility of covenants on the proof`s valuation.

This papers analyses the main contents of the Finland Constitution and the Judiciary. Finland Constitution is the basis of all legislation . It exercises of government power, and it details the fundamental rules, values and principles of Finnish democracy. According to the Constitution, judicial power lies with independent courts of law. The courts are independent: they are bound only by the law in force. Finnish procedural law has been both internationalized and constitutionalized since the 1990s and the result of court proceedings plays a more significant role for the parties.

This paper analyzes the judicial case management from the determination of stay of pending claims on the occasion of the trial of repetitive cases. To this end, it begins by highlighting the relevance of judicial case management in enhancing civil justice. It then explains the meaning of repetitive claims before going into the study of the stay of pending claims. After examining the topic, it observes that the stya of pending claims is a mechanism that, in the medium and long term, may be relevant both to the improvement of the jurisdictional performance, avoiding contradictory decisions, and ensuring speed, allowing, after fixing the thesis, the Judiciary can focus on non-repetitive cases.

This paper deals with the theory of the burden of proof in plastic and restorative surgery procedures, explaining what the theory would consist of, its contextualization in the Mexican legal system and how it would apply to the procedures analyzed.

This paper aims to treat about the legitimacy of the Public Prosecutor's Office to conduct procedural agreements in the cases in which it acts, both as part or as custos juris, especially in recursal matters, analyzing if, in the context of neoprocessalism, the public interest protected by Public Prosecutor's Office would prevent it or not to sign deals of single instance or withdrawal of appeal.

This paper deals with drones as evidence, according to the Spanish law, and the procedure for valuating the proof.

This paper focuses on the pragmatic dimension of the civil procedure through an interdisciplinary vision within a study of the General Theory of Law, International Law and Civil Procedure, analyzing the effects of international judicial cooperation through the principle of effectiveness and the rule of reciprocity. As for the methodology, it adopts bibliographic and documentary research through the deductive approach method. The study concludes that the principle of effectiveness is a norm that embodies a manifestation of legal pragmatism in the establishing of domestic jurisdiction and a State's international jurisdiction.

This paper deals with the challenges of implementing an adequate management model, with the application of technology, seeking the efficiency of civil justice. Based on the challenges, he seeks to portray how it was possible to build some successful experiences.

The purpose of this paper is to discuss the relationship between science and the process, especially in the field of evidentiary law, using the scientific evidence as the guiding principle. In order to remedy these concerns, this research is methodologically based on a review of specialized literature on the subject, characterizing it as a qualitative research. Taking for granted the absence of exaggerated regulation about this theme in CPC/15, in its initial part, through a historical bias, the origin of the infallibility of the scientific conclusions, elementary to the current scenario of regulation, is sought. Soon after, for having discussions about the theme going back to the 20’s of the last century, there will be a brief incursion into the scene of scientific proof in the US context. In the end, from the lessons learned previously, attempts will be made to solve the problems related to the relationship between law and science. Finally, it is concluded that the lack of scientific evidence control mechanisms in the Brazilian civil process allows the entry of pseudoscience / bad science of judicial cognition, impacting the final outcome of the process.