Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Santos, Marco Antonio dos
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| Orientador(a): |
Marques, Fabiola |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| 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://tede2.pucsp.br/handle/handle/22535
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Resumo: |
The objective of this study is to identify the legal and interpretative limits of the application of the novel legal institute of the fine by bad faith for the witness in the labor process that alters the truth of the facts or omits essential fact to the judgment of the cause, introduced in the legal order by the Law No. 13467/17, in accordance with the constitutional principles of good faith, loyalty, cooperation and reasonable duration of the process as a way of maintaining procedural ethics. In this vein, the historical origin of procedural ethics is analyzed through good faith and its correlates of loyalty and abuse of law, classifications and interpretive limits. In addition, it analyzes the novel institute under constitutional and infraconstitutional hermeneutics and its application with other positive procedural principles in the juridical order as access to the jurisdiction, right to the contradictory and ample defense and due legal process, away interpretations of apparent principle collision. In fact, access to jurisdiction through the right of action, ample defense and contradictory, in itself, does not result in irregularity, but the exercise abusive or with an obvious attempt to cause harm to another, result in the distortion of said principles in flagrant disloyalty and lack of cooperation. Thus, a harmonious and finalist interpretation is adopted, making the exercise of such guarantees compatible with the absence of bad faith, under penalty of liability and with a view to maintaining the ethics of the subjects of the process. In this way, a witness who has the legal nature of an auxiliary of justice and, therefore, is also a subject of the process, must also observe the ethical conduct of proceedings. This is because the frequent use of witness evidence in the labor process, mainly by the principle of the primacy of reality in the form, lacks the credibility of such evidence, and this legislative innovation is salutary as a way of holding the auxiliary of justice accountable who fails to obey the duties of the order |
