Detalhes bibliográficos
| Ano de defesa: |
2021 |
| Autor(a) principal: |
Tanizawa, Paulo Henrique Guilman
 |
| Orientador(a): |
Shimura, Sergio Seiji
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/24625
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Resumo: |
The institutional litigation shows itself as a sensitive alternative for structural litigation, that is, the ones that present a collective perspective towards a restructuring of a bureaucratic organization. From the difficulties presented by the dogmatic construction related to the execution in the structural collective procedure based on dissonances if compared to traditional categories of individual or collective civil procedure, indefinite ideas related to the usage of concepts in the execution system and the lack of clarity regarding the right identification for the execution phenomenon when it comes to structural process, the aim of the present thesis is to offer an attempt of systematization of legal warrants of execution in the structural process. In order to achieve this goal, a diagnosis of the ideological and paradigmatic structure of the traditional civil procedure was made as well as to outline the profiles of its understandings and repercussions. Those measures were necessary to open up the field of tension that involves the structural collective procedure, whose multipolar, polycentric and prospective architecture requires facing. Its fundaments are presented under the historical, objective, subjective and procedural aspects, which support the presentation of premises that justify the profile of the legal executive protection as well as the applicability of the executive procedural technique within the structural collective process. The thesis defend that the executive procedural system is able to contain the structure collective process, despite the need to reread some institutes. As the structural procedure reveals the inefficiency of institutions and highlights the need for a reform in its structure, it is affirmed that the object of the structural process neither ends in the cognition phase nor after the formation of the executive warrant, but continues to be developed dynamically. In other to fulfill the proposal, the theses points out that a collaborative executive environment is extremely necessary, being the structure measures considered the result of a dialogical construction towards the applicability of executive techniques. At the end, it is expected that the systematization and the enlightenment of the phenomenon as well as the executive dynamics in the structural process can contribute for the dogmatic and pragmatic scenario |
