Efeito vinculante: fragilização do sistema jurídico ou reforço dos direitos humanos fundamentais?

• Ano de defesa: 2014
• Autor(a) principal: Oliveira, José do Carmo Veiga de
• Orientador(a): Tavares, André Ramos
• Banca de defesa: Siqueira Neto, José Francisco , Smanio, Gianpaolo Poggio , Gambogi, Luis Carlos Balbino , Torres, Heleno Taveira
• Tipo de documento: Tese
• Tipo de acesso: Acesso embargado
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Programa de Pós-Graduação: Direito Político e Econômico
• Departamento: Direito
• País: BR
• Palavras-chave em Português: economia; mercado; globalização; sistema judiciário; efeito vinculante; direitos humanos; fragilização
• Palavras-chave em Inglês: economy; market; globalization; justice system; binding effect; human rights; weakening
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/23086

The present work has the scope to conduct an investigation of the historical perspective about Globalization and its effects on the prowl in the world. Search for both, information that precede the navigations of the 15th and 16th centuries, crossing over the ages in retro-action until it reaches the year 3,200 Bc. This is an age-old phenomenon, and that is influencing the world in the most varied models of economy and, above all, achieving the Governments of countries called "peripherals" for practical driving force for countries which are known as "Central . Economies of various countries are "governed" by globalized factors which bring or take capital through investments, since the big corporations are economic conditions so as to ensure their right to property and, thus, copyright, around which revolve their financial activities. So, your preference lies with countries that have a stable judicial system and to provide the necessary security for the case to ensure them the return of their investments, so that there is an increasing concern with the improvement of the judicial system, to the point that the World Bank get researchers who surrender to the analysis of judicial systems. Was presented, for the Latin America and Caribbean, through the Document n. 319, who proposed a model of judicial power to this Continent. The proposal brought to some countries of America Latin, Caribbean and also for Brazil, a proposal whereby was adopted neoliberal economic policy, so as to establish a "minimal State". With that, generated a system able to provide clear and precise changes the point of establishing a major reform in the Brazilian judiciary, according to suggestions put forward in Document n. 319, the World Bank. The Brazilian Judiciary is experiencing a new reality in the context of the jurisdictional provision through adoption of a merging between the common law and the civil law, with the issue of a "new" code of Civil procedure, in order to give rapid delivery of the jurisdictional provision, in order to ensure the delivery of judgments previously known due to the adoption of the previous system and still, the issue of precedents with binding effect by the Supreme Court, so that all the organs of the judiciary until the judges of first degree of jurisdiction, the direct and indirect public administration, States Federal District and Municipalities, will be linked to the decision-making of those content decisions. In summary, the case-law of the verticalization is the Supreme Court and, thus, of the Superior Court of justice by linking courts of 2nd degree and the judgments of the first degree of jurisdiction. To seek an alternative which is able to allow the exclusion from the trial of concrete cases of the previous system, presents a possibility analysis of the facts supporting the claims made before the judiciary and so on its roots, enabling an approach that is different from the precedent adopted. This is the distinguinsh, i.e., to distinguish the facts and those that generate and maintain the previous system. Remains the clear conclusion that, in fact, the binding effect is an effort to avoid the continued fragmentation of the national legal system, by virtue of the breach of legal independence of National Courts. While, conversely, severely affects the rights and fundamental guarantees regarding the pursuit of jurisdictional provision, by virtue of his own Edition of precedents listed and adoption of the precedential system. Examines the Constitutional Amendment n. 45, December 8, 2004 which, by its nature and content, suppresses and weakens the exercise of citizenship by means of access to the jurisdiction, injuring the section IV, paragraph 4, of article 60 of the Constitution of the Republic, labeled "citizen". The various measures adopted through this Amendment n. 45/2004 are visible in the Document n. 319, from the World Bank, authored by researcher Maria Dakolias, especially with regard to the system of supervision and discipline of the judiciary, demonstrating clearly the "structural income" of the World Bank for the Judiciary of Latin America and Caribbean, and, in particular, to Brazil.