GRADUATE IN CIVIL PROCEDURAL LAW

Lesson 1: GENERAL THEORY OF THE PROCESS-12.04.2008

Prof. Ronaldo Cramer
BACKGROUND OF THE CLASSROOM: PROCEDURAL LAW CIV IL; SOURCES OF DPC; Ç Ã INTERPRE
TATION FROM THE CIVIL PROCEDURAL LAW; EFIC Á CIA CIV IL PROCEDURAL LAW IN TIME,
THE EVOLVE Ç Ã DPC; EVOLVE ction of the Legislative ection PROCEDURAL CI VIL; GR
AND ES Litigation; Prince I PRINCIPLES OF DP C; JUR ISDI ection. C O N E C T I O
. CA R A C T E R I S T I C S. T U T E L A I C R jurisdictions O N A L. CLASS IFI
C ection GUARDIANSHIP ICIONAL jurisdiction; JURISDICTION. I - Civil Litigation G
uardianship rights protection is harmed or threatened with injury. This function
of the state, civil jurisdiction, is the object of study of Civil Procedure. I.
1 - Alternative Means of Solution to Handle Even if the object of study civil pr
ocedural law is the Civil Jurisdiction, that should bother to study the alternat
ive to this. For Carmona, should be the alternative jurisdiction. People should
seek prior negotiation, mediation or arbitration. I.1.2 - The Theory of Conflict
Harvard Professor Roger Fisher has developed the so-called Theory of Conflict.
The negotiations would be the quickest method of resolving disagreement, followe
d by mediation, arbitration and finally the judicial process. In relation to cos
ts, the imaginary line would be the same, since the arbitration have a cost simi
lar to the process, but almost always the negotiation and mediation have lower c
osts. Another point of analysis is interesting in regard to freedom of negotiati
on. Again, the negotiation has the highest rate of freedom, can the parties reac
h including an unlawful agreement. This imaginary line would be the inverse of t
ime and cost. There is another analysis on the level of intolerance among the pa
rties, which is low in the negotiation and will be expanding to reach the judici
al process, where the logic the win-lose is absolute, involving the parties, law
yers and even judges. II - Sources of Civil Procedure II.1 - Standard Law (Princ
iples and Rules) Standard Procedure: Article I CFRB 22 - Powers of the Union Sta
ndard Private Procedural: Article 24 XI CFRB - concurrent jurisdiction between f
ederal, state and DF. enlarge or restrict the time for objection would be a proc
edural rule or procedural "(Review in light of the teachings of Denmark). thiago
couto@gmail.com Thiago Graça Couto
Comment [T4]: He questioned the effectiveness of conciliation hearing at the Sec
tion 331 of CPC in view of the high level of intolerance in the early procedural
relationship.

Comment [T1]: Solution of the differences between the parties without interferen
ce from others. Comment [T2]: Solution of the differences between the parties wi
th interference of a mediator who tries to propose an agreement but not intefere
directly. Comment [T3]: Solution of the differences between the parties to a de
cision by a non-State entity.
GRADUATE IN CIVIL PROCEDURAL LAW

II.2 - Decisions
Lesson 1: GENERAL THEORY OF THE PROCESS-12.04.2008
Prof. Ronaldo Cramer
Regimental Standards: Article 96 section I of CFRB.
The Court has legislative power, then being a significant source of law, see the
 binding precedents. The Court is a sequence of trial, resulting in the convicti
on that the Court's position today is that particular sense. The uniformity of t
he federal standard is given by the STJ, which is why this Court is the only one
that should be considered for scientific purposes. The Court is clear on the sc
oresheet, with another status to his understanding. II.3-Custom is also a source
revelarora and regulates the Procedural Law civil. eg Order "in evidence". II.4
- Doctrine Doctrine is not the opinion of the author (s except the great jurist
s such as Barbosa Moreira), but a set of views,similar dichotomy between trial a
nd jurisprudence. III - Interpretation of the Civil Procedural Law Professor Ron
aldo Cramer believes that the interpretation of the law of civil procedure shoul
d start from the convention, namely the will of the community that legitimizes p
articular standard. A second fact would positivism broadly, post-positivism, neo
constitutionalism, or a constitutional model of civil procedure. Finally you arr
ive at the pragmatism, which will question the viability and efficiency of that
measure. IV-Effectiveness of Civil Procedural Law in Time Theory Unit Procedure
Theory Procedural Phases: The new law does not impinge on the current processing
phase (eg Preliminary or reorganization), but only in the next (eg instructors)
. Procedure Act Theory: It is the predominant but not the only one that applies.
The new law procedural concerns immediately, but must respect the procedural ac
ts already performed and their effects. One issue raised was that of exactly wha
t these effects. Ex: Change for the submission of the defense after the quotatio
n. Is there a vested right, either the author in case of increase in time to con
test, whether the defendant in cases of decreased time to respond. There is ther
efore an Acquired Procedural Law. thiagocouto@gmail.com Thiago Graça Couto
Comment [T5]: The Disease Regimental would be unconstitutional here that would c
haracterize the creation of a power (of appeal), which should be created only by
procedural norms of competence of the Union and not the courts. Comment [T6]: S
ee Art 557 or 285 of the CPC-A.
Comment [T7]: After postulatória phase, when there is already the notion of what
facts are disputed and undisputed, the judge in that dispatches are outside the
evidence you want to produce. It is recalled that the facts do not require inco
ntrovertible evidence.
Comment [T8]: Convention of the syncretic process, laid by the Law 11.232/2005 t
hat determinoiu the existence of a process just to resolve the problem and not t
he existence two distinct processes, one only for the execution. Comment [T9]: C
ertain procedural rule violates some constitutional provision? Comment [T10]: Th
e procedural rule should not be thought for the academy but to the Forum. Commen
t [T11]: For example in cases of Judicial and Extrajudicial Execution. There is
much discussion of the doctrinal theory of procedural acts shall not apply. Comm
ent [T12]: Theory of Acquired Procedural Law. Néry Nelson says the new law proce
dural concerns but must meet all the procedural rights acquired. This would be a
mechanism for teaching the understanding of this theory, since in case there is
the formation of rights.
GRADUATE IN CIVIL PROCEDURAL LAW

Lesson 1: GENERAL THEORY OF THE PROCESS-12.04.2008

Prof. Ronaldo Cramer
Evolution V-VI of the Civil Procedure Law - Evolution of the Civil Procedural La
w VII - Principles of Civil Procedure Brazilian VII.1 - Principles of Constituti
onal Principle of Due Process of Law: Article 5. LIV - nobody will be deprived o
f his liberty or property without due process; inafastabilidade principle of jud
icial review: Article 5. XXXV - the law does not exclude from review of the Judi
ciary injury or threat to law; principle of publicity of procedural acts: Clause
5. LX - the law may only restrict publicity of procedural acts when the defense
of privacy or social interests, the adversarial principle: Article 5. VL - liti
gants in judicial or administrative proceedings, and defendants are usually guar
anteed the contradictory and full defense, with the means and resources inherent
to it; Principle of the test ban unlawful: Article 5. LVI - are inadmissible in
the proceedings, evidence obtained by illegal means; principle of presumption o
f innocence: Article 5. LVII - nobody will be considered guilty until the res ju
dicata of penal sentence;
Thiago Graça Couto thiagocouto @ gmail.with
GRADUATE IN CIVIL PROCEDURAL LAW

Lesson 1: GENERAL THEORY OF THE PROCESS-12.04.2008

Prof. Ronaldo Cramer
Principle of Motivation of Judgements: 93 Art IX - all judgments of judiciary ag
encies shall be public and substantiated all the decisions, under penalty of nul
lity and the law may limit attendance in given acts on the parties themselves, a
nd the their lawyers, or only to those in cases in which the preservation of the
right to privacy of the person responsible for the secrecy is not harmful to pu
blic interest information; Principle of Natural Judge: Article 5 XXXVII - no cou
rt or tribunal; LIII - nobody will be prosecuted or sentenced except by the comp
etent authority; VII.1 - Some Principles in the CPC Principle of Inertia: Art No
judge shall provide the second judicial review only if the party or the party c
oncerned to apply in the cases and legal manner. Principle of Impulse Official:
Art 262. The process begins at the initiative of the civil part, but develops im
pulse official. Principle of Identity Physical Judge: Section 132. The judge, ho
lder or proxy, it concludes the judge hearing the dispute, unless is convened, l
icensed, away for any reason, promoted or retired, where will the case to his su
ccessor. Principle of immediacy: Art 446. court to especially II - proceed direc
tly and personally to the collection of evidence, Thiago Graça Couto thiagocouto
@gmail.com
GRADUATE IN CIVIL PROCEDURAL LAW

VIII - Powers
Lesson 1: GENERAL THEORY OF THE PROCESS-12.04.2008
Prof. Ronaldo Cramer
Thiago Graça Couto
Digitally signed by Thiago Graça Couto DN: cn = Thiago Graça Couto, o = Covaci L
aw Firm, or CSA-RJ =, email = @ thiago.couto covac.com.br, c = BR Date: 14.04.20
08 15:35 : 52 -03 '00 '
Thiago Graça Couto thiagocouto@gmail.com