CG - Trabalhos de Conclusão de Curso
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Navegando CG - Trabalhos de Conclusão de Curso por Assunto "Access to justice"
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Item Análise crítica dos CEJUSCS como mecanismos de acesso à justiça no TJGO entre os anos de 2013 e 2019(Universidade Federal de Goiás, 2021-06-04) Rodrigues, Sara Alves; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Ornelas, Sofia Alves Valle; Rampin, Talita Tatiana DiasThe Judiciary Center of Conflict Solutions and Citizenship. (Centro Judiciário de Solução de Conflitos e Cidadania – CEJUSC) is a unity of judiciary branches specialized in consensual solutions of conflicts and guidance for citizens. Nowadays, several conflicts are no longer solved exclusively by judges but rather by these Judicial Centers. As long as the democratization of access to Justice expanded the mechanisms for claiming rights, there was also a movement to decentralize the traditional jurisdictional model, thus opening various doors to Access to Justice. In this context, alternative means of conflict resolution – mediation and conciliation – began to be seen as mechanisms to reduce the judicialization of conflicts of interest, able to reduce the amount of resources spent both in common procedures and in the execution of sentences. Based on a historical and statistical analysis, this research aims to explore how this policy reaches the Brazilian Judiciary, how it is structured and what advances and/ or setbacks have been identified, in regards to the effectiveness of access to Justice. Therefore, the referred study is based on the perspective of Public Policies and Democratization of Access to Justice. It was possible to conclude that the Brazilian justice is moving slowly in offering fair and effective access to justice. Despite the public policy being well designed and having several positive evaluations by the Judiciary, the statistical data shows modest results regarding to the number of agreements. Such numbers do not guarantee the full effectiveness of the Policy instituted by the Resolution 125 of the CNJ. This is a research developed from a socio-historical, legal and statistical analysis, based on the hypothetical-deductive approach.Item Os benefícios da arbitragem no direito societário: efeitos subjetivos da inclusão da cláusula compromissória estatutária nas sociedades anônimas fechadas(Universidade Federal de Goiás, 2020-12-11) Duques Filho, Rodrigo Alves; Moi, Fernanda de Paula Ferreira; Moi, Fernanda de Paula Ferreira; Oliveira, Bruna Pinotti Garcia; Leite Filho, Antônio HenriquesThe third paragraph of article 109 of Law nº 6.404/76 (S/A Law) provides for the use of arbitration as an alternative to settle conflicts between shareholders and the company, or between controlling shareholders and minority shareholders, however, what are the subjective effects of the inclusion of supervening statutory arbitration clause in jointstock company is the core of the present research, sincethe inclusion procedure is based on the majority principle, binding all shareholders to deliberations of the majority shareholders, while the Arbitral Law provides for the express consent of all those who will be bound by the effects of the arbitration. Thus, in view of the existing tension between the S/A Law and the Arbitration Law, the final objective of this work is to comment on the legal solution perpetrated by Law nº 10.129/15, namely the right of withdrawal, reaffirming access to justice and legal security of the institute in question. In addition, this is a qualitative research, made from the analytical deductive method in bibliographic review.Item Desjudicialização da usucapião: breve análise do procedimento extrajudicial(Universidade Federal de Goiás, 2023-02-23) Mata, Ana Raquel da; Garcia, Bruna Pinotti; Garcia, Bruna Pinotti; Ornelas, Sofia Alves Valle; Freitas, Cleuton César Ripol deThe movement to dejudicialize demands for effective access to justice has become a trend in Brazil, as for example occurred with the implementation of the out-ofcourt procedure to resolve demands involving inventory, sharing and divorce. Faced with the great contiguous of demands in the judiciary power, it is necessary to search for alternatives that make the solution of conflicts, giving a response in a more agile and less costly way possible. In this tuning, with the changes promoted by the reform of the Code of Civil Procedure, a great novelty was established with the promulgation of Law No. 13.105/2015, the procedural flexibilization of the institute of usucapion, and it may be required both by the extrajudicial and judicial means. This innovation was introduced by Art. 1,071 of the CPC, which increased Art. 216-A, the Public Records Act - LRP (Law No. 6,015/1973), instituting the out-of-court procedure. The present research aims to make an analysis of the efficiency, feasibility and obstacles of this procedure in the resolution of conflicts, as well as its applicability in the Municipality of Itapuranga/GO, being used as methodology the qualitative bibliographic research in doctrines, content of sites, scientific articles, laws and research in extrajudicial services of said city.Item Restrições e potencialidade do financiamento de litígio(Universidade Federal de Goiás, 2023-02-23) Ferreira, Matheus Felipe Mendes; Garcia, Bruna Pinotti; Garcia, Bruna Pinotti; Motta, Maria Carolina Carvalho; Moi, Fernanda de Paula FerreiraThe purpose of this research is to study the third party litigation funding system and its introduction in the Brazilian legal system, given the trend towards expansion of the institute around the world. Thus, supported by foreign experiences, due to the timidity of the institute in Brazil, this work will start from the historical development of third-party litigation financing to finally analyze its potentialities and disadvantages. This research procedural issues and their impact on the exercise of that institute, from its possible impacts of the institute on the attorney-client relationship; the limitations of the “financier” present in the contract, the doctrinal discussion about virtual conflicts of interest and the latent transformations that Brazilian justice undergoes in the face of the financing of litigation, as a possible commoditization of justice, the effectiveness of the fundamental right of access to justice and eventual economic benefits brought by third-party litigation funding. In summary, this work seeks to analyze the virtual impacts of third-party financing on Brazilian justice, observing the maturity of our legal system and the useful guidelines for lawyers and other legal operators for the reception of this institute. So, this research used a bibliographic review and with the use of qualitative methodology, proceeded to the analysis of books, articles and laws.