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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.

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.

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.

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.

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

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.

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.

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 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 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 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.

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 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.

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 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.

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

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 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 exposes and analyzes the recent reforms undertaken in US federal legislation on class actions, which came into force in December 2018, in the pursuit of improving Collective Procedural Law, seeking to extract aspects that may also have relevance for collective redress in the contemporary world and national panorama, at this moment when the Law of Public Civil Action in Brazil completes 35 years of existence.

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.

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.

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.

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.

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 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.

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 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.

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.

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

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.

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 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 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.

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.

This paper advocates the implementation of an appeal filter to gain access to the Superior Court of Justice. Only special appeals that convey infraconstitutional issues of relevance and transcendence may be admitted. The Superior Court of Justice, as the Supreme Court responsible for the unity of the interpretation of the infraconstitutional law, must judge only important cases for the development of the legal order. It is necessary to harmonize the requirements required to assess federal infraconstitutional and constitutional issues, learning from the successes and failures of general repercussion.

Despite the undeniable scientific and theoretical innovation of procedural reform, the purpose of this paper was to identify the impact of the introduction of the new hypotheses of article 311, verifying whether the provisional injunction of evidence fulfills the objectives communicated in the Draft Bill of the reform, as well as whether the new situations included in the Code can contemplate a significant number of cases and if they actually reach the real causes of the problems that obstruct the Judiciary. For this purpose, the Justice Court of São Paulo State was consulted through the e-saj Services Portal.

This paper aims to study the personal precautionary measures and the necessary justification for its decision by the judge in the context of the Democratic State of Law. For that, it was demonstrated the changes resulting from Law 12.403 / 2011, the acceptance of substitutive measures to imprisonment, turning this into a last ratio measure. It was found that the requirement and the reason for demonstrating the necessity and adequacy of pre-trial detention are the same for any personal precautionary measures in order to impose restrictions on freedom - alternative measures of art. 319 CPP - before the final criminal conviction. It sought to delimit the role of the parties and the judge in the Democratic State of Law, as well as understand the principles that constitute the constitutional model of process - contradictory, broad argumentation, impartial third party and reasonable decisions, taking into account the specificities of criminal procedure - accusatory principle and presumption of innocence.

This paper will research some historical moments of the criminal system and the trends that will shape the performance of criminal system, in Brazil, in the beggining of XXI century.

This paper intends to analyze, both from a theoretical and pratical perspective, the systems of adequation of the procedure of the civil cases that exist in the Brazilian and Portuguese legal orders. It will focus on the first part of the body of the article 190 of the Brazilian Civil Procedure Code of 2015 (adequation of the procedure by agreement between plaintiff and defendant) and on the first part of the article 547 of the Portuguese Civil Procedure Code of 2013 (adequation of the procedure by the judge).

As in many countries around the world, the debate about tax planning concerns its limits, and there is a clash between two perspectives on the subject. On the one hand, there is a traditional perspective, whose advocates argue for the need to preserve the legal security of the taxpayer and the use of a more formalist interception method of tax rules. On the other side is the contemporary perspective, which seeks to balance the need to protect the taxpayer against abuse of tax authorities, but without neglecting the fact that the taxpayer sometimes practices abusive tax planning. At the center of this debate is the Federal Supreme Court (STF), a Brazilian constitutional court, which will examine the constitutionality of the sole paragraph of Article 116 of the National Tax Code, which for some academics is considered the Brazilian GAAR. The present paper aims to introduce and analyze some landmark points of the debate in Brazil, highlighting the legal reasoning deployed in this debate and the challenges for de constitutional process.

This paper presents a comparison between the system of conflict management in the US federal courts (Court Management and Case Management) with the conflict management model of the Brazilian civil procedural law, especially after the advent of the 2015 code of civil procedure law (Law n. 13.105/2015).