NEW CPC And The litigation EXCESS:
TEST ON TO COMBAT EFFECTS NO TO CAUSES - PART 1: GENERAL TOPIC
Expressing thinking about work always run seemed unfair, when the work of the course there was opportunity to manifest and did not use; in the legal environment there was a guideline to be worked into the new CPC, which disagreed, and for this reason it seemed to me, should not hinder the adopted line.
The biggest problems that were plaguing the judiciary, operators and users, came to pour the solution that flowed, which, I would be discredited to show me was not the possibility of solving preview before it enters into force, in view of opening dialog about what I spend to examine this and the articles that will succeed.
At this time, care much with the approach devoid of due discretion of adaptation (forgive me the audacity), than, regardless of appropriately modified American terminology, be the "way of life" Brazilian.
I am not against the import good principles or to export them, I am against not realize that although we have much in common with other civilizations, we have our personal touch that needs to be respected, to better adapt to our new routine work.
In this step I will spend examining the topic of coping decided by regional court of review or higher (GMT). The existing problem was attacked, for troubleshooting purposes in the bias of the effects, not the causes, regarding the reduction of disputes in relation to the scope of Justice.
The import of relevant issues without due adaptation criteria led to disaster removing the limited liability as a form of corporate commercial enterprise, regardless of the flight of investors, fearful that their investments in not jealous of another administration had as a result the setback the personal assets, some time or long after, was detected this vicissitude and the STJ took another guideline to the problem, dictating solution that, in certain situations would not have to pursue the personal assets.
That is, the first solution, disastrous internal and external investments, thought only in effect, prevent the misuse of "LTDAs" generate any number of embarrassing situations, while it would be better regulated the form of credit granting of use, these hitches not arise.
That is, the credit grantors have forgotten that episode that the concession depends on padding values beyond the contract to have the capital gain from the planned profit, that is, forms of performance monitoring, and, especially, media hinder timely and effective manner acts to the detriment of the initial filling of lending requirements.
The Minister Luiz Felipe Solomon, the light of current legislation, the Supreme Court of the news this week did disclose the absence of bank monitoring of interest, ending the credit delivery, which is precisely the situation that needs to be revised (but this is a subject that will try another time).
It is obvious that the borrower has to bear the burden of implementation of monitoring of resources, but that is where reside the main focuses of corruption (effective means of control).
What matters here is the perception that the import of new legal means without the perception of the leads to setbacks and irreparable losses.
Returning to the subject of reforms for appeals against decisions of the difference between "civil and common law", result of the import of the new CPC citizen, I have been fighting for a long time that access to higher courts shall be a citizen and the means by which they must show service is to be modified, is not throwing out the decision-making process, eliminating disputes is achieving justice.
There are economic postulates that determine the degree of uncertainty of a country stems from the security level of your justice, and the approach of our right to right anglo saxon has this inevitable bias, is not only avoid accumulations, but fill economic fireworks external control of our judiciary.
Our judiciary dispenses improve, is on one side in the ICU, when does not enjoy proper autonomy of powers, and sometimes decides according to the media, what matters, often in commission of blatant injustices; on the other hand, our judicial system demonstrates be able to perform the most difficult tasks when summarizes the association of electronic means of conducting procedures, until the proclamation of results and their actual executions.
What is wrong, is not the multitude of resources; which led to the idea of the possibility of resources was the site of the proximity affect judgment the result, and this is not over.
The law needs to be clear in the past, before the general effect and binding precedents, had the vocatórias, who were shut out of the process, as manifestly undemocratic, which, if properly observed, nothing has changed.
We have what we call necessary sovereign power to decide who is noble, and on the other, the means by which to execute that power, that calls for cleanliness.
There is no mention in higher courts, who decides, with rare exceptions, we talk with the Republic of counsel, which is who actually decides, beside it is not clear, enabling large offices find ways to resolve the pending issues in order politically incorrect and away from the reach of justice, creating great dissatisfaction with the provision of services in the run way.
This data also belongs to economic postulates that measure investments, user satisfaction, and the CPC citizen when it ceases to resolve issues related to how they decide, or when not realize that the sovereign power is limited to decide, as a means why come to these verdicts is to be necessarily clear, but not necessarily belonging directly to this power, only controlled by this, as occurs in friendly solution means.
This is another important theme gives way, compromise also does not mean satisfaction of the user, however the perception of these lines take the path that means becoming clear the proclamation of results is natural and logical, motivating the disinterest of resources in combating the causes not the effects.
I dare say, finally, that my daily work in the higher courts, and other conflicts, is one of misunderstanding cores the conflict in resource management decisions before terminative, and, in particular, the fact that it was tyrannical or collective, does not derogate from the Constitution, which refers to the fact that the new CPC despite being citizen is unconstitutional, since it does not address the validity of bringing thirst for natural resources decisions to higher courts, where they have a terminating character, the light than calls and ends the Magna Carta.
Not to mention the fact that decisions based on the higher courts containing injustices, because of breaks, teratological or not, between the sequence of events, rights, previous decisions regarding the new decision has proclaimed unclear procedural remedies for demarcation such situations ie new procedures will come back to haunt the court for lack of skilled and effective solution that amaine and appease the fierce spirits of the parties contentoras in court.
The lines that come in addition to analysis will be practical way to purposeful.
Brazil, March 22, 2015
Helio Barreto
Ps .: the movie "JUDGE" deserves analysis of interest to not to think I'm averse to common law
http://novocpceexcessodelitigios.blogspot.com/2015/03/o-novo-cpc-e-o-excesso-de-litigios.html?spref=bl
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