Banca de QUALIFICAÇÃO: VANESSA CRISTINA RAMOS DE AZEVEDO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : VANESSA CRISTINA RAMOS DE AZEVEDO
DATE: 22/12/2022
TIME: 16:00
LOCAL: Remoto
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: 98
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 about 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 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 due to the fact that it is in the 1st level of jurisdiction where the largest 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 10 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 themes 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; 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 analysis, using the concept of stability in order to verify whether the court follows its own decisions; integrity was analyzed in relation to the current legal system and integrity with CF; coherence was analyzed as the isonomic treatment of equal cases. Several aspects of the judicial decisions were analyzed, 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 10 analyzed rods showed stability; the integrity analysis was impaired, with indications that a possible 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 upheld in part. After the presentation of the collected data and the discussion about the results, at 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 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