Banca de DEFESA: VANESSA CRISTINA RAMOS DE AZEVEDO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : VANESSA CRISTINA RAMOS DE AZEVEDO
DATE: 24/02/2023
TIME: 15:00
LOCAL: https://meet.google.com/zdd-gyku-uiu
TITLE:

The stability, integrity and coherence of judicial decisions at the 1st level of jurisdiction

KEY WORDS:

Brazilian precedent system. Standardization of judicial decisions. Stability, integrity and coherence. 1st degree of jurisdiction.

PAGES: 104
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

This work has as its theme the search for greater legal certainty of the judicial
decisions of the 1st degree of jurisdiction and its relation with the determination
of uniformity of judicial decisions through the stability, integrity, and coherence
foreseen in the Code of Civil Procedure of 2015, which promoted the discussion
on the creation of a national precedents system. For a better understanding of
the subject, the work began with the presentation of a brief report about the
history and main concepts of the legal systems of common law, where there is
the most common culture of precedents and civil law, the system adopted in
Brazil, passing through the exposition of concepts about the national system of
precedents and the criticisms made to it. The choice of the 1st level of
jurisdiction for the analysis of the stability, integrity, and coherence of judicial
decisions was because it is in the 1st level of the jurisdiction where the most
significant number of cases begin and end since the rate of external appeal is
low, being, in the State of Rondônia, only 5.2% (CNJ, 2022b). In order to verify
the stability, integrity, and coherence of the judicial decisions of the 1st degree
of jurisdiction, a single subject was chosen, that is, the flight delay and a
sentence handed down in the year 2020 and a sentence handed down in the
year 2021 on the subject were analyzed, in the ten civil courts of the District of
Porto Velho/RO. The analysis of the collected data was carried out using
Bardin's method of content analysis, with the identification of themes discussed
in each sentence and, after excluding the pieces that appeared in only one of
the sentences, the following remained: evidence that supported the Judicial
decision; application of the Consumer Protection Code - CDC; adequacy of the
air network does not exclude liability; delay time used as one of the decision
arguments; the filing of action on behalf of the plaintiff's representatives; the
initial request was valid or unfounded; main argument of the sentence;
conviction of the plaintiff to pay court costs and attorney fees; the action
proposed by the representative of the plaintiff in the Special Civil Court. Once
the themes were identified, an analysis was made of the stability, integrity, and
coherence of the judicial decisions under investigation, using the concept of
stability to verify whether the court follows its own choices; integrity was
analyzed about the current legal system and integrity with CF; coherence was
interpreted as the isonomic treatment of similar cases. Several aspects of the
judicial decisions were surveyed, according to the themes already mentioned,
but from the analysis of the main question discussed, about the initial request
made by all the authors of the actions analyzed, which refer to the conviction of
an airline company to pay moral damages resulting from flight delay, it was
possible to verify that only 3 of the ten analyzed rods showed stability; the
integrity analysis was impaired, with indications that a potential lack of integrity
in 1st-degree decisions is a reflection of the lack of integrity in 2nd degree and
superior court decisions, since decisions with conflicting outcomes used divergent jurisprudence; as for coherence; there was no coherence between the analyzed decisions because some of the requests were upheld, some were downgraded, and some were supported in part. After the presentation of the collected data and the discussion about the results, in the end, a product resulting from the research was presented, which is a recommendation to the Internal Affairs of the Court of Justice of the State of Rondônia for the adoption of practices in the short, medium and long term for the promotion of stability, integrity, and coherence of judicial decisions of 1st degree of jurisdiction. 

COMMITTEE MEMBERS:
Presidente - 1738844 - CAROLINA YUKARI VELUDO WATANABE
Interno - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Externo à Instituição - GUILHERME RIBEIRO BALDAN - EMERON