Among the new ideas brought by the CCP / 15, one of the most controversial innovations – both for the doctrine and in court – refers to the rule of item IV in art. 139, which, within the topic of the powers and duties of the judges, was written to determine "inductive and coercive measures, [...]
I was fully committed to writing about co-operation in civil procedural law when I was distracted by the following news: there is an ongoing judgment before the Superior Court of Justice in which the Special Court is discussing whether it is possible to establish the so-called incident for the resolution of repetitive demands (IRRD). It [...]
Dear colleague, We have never met each other in person. I appreciate the result of your work, but I almost always do it at a distance – both in space and in time. Contracts are our most relevant link. However, the diversity of our professional areas, the apparent lack of harmony between the goals that [...]
The topic of the so-called outsourcing is notoriously uncommon in the areas of procedural law. However, the existence of two appeals presenting the general repercussion requirements (one in the specific field of telecommunications, and another having a generic scope), already accepted by the Federal Supreme Court, as well as the recent enactment of a Bill [...]
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Carta Forense Concerning the temporary reliefs that had been previously analyzed, the 2015 CPC has set forth the rule which establishes that the jurisdiction should be the one in force for the "main pleading" (article 299, last part), which are the words used in the place of "main action" formerly found in article 800 of [...]
Carta Forense In search of a regime that can possibly be as uniform as the temporary reliefs , the 2015 CPC set forth a rule for jurisdiction which is similar to the one established in article 800 of the 1973 CPC, but with differences and, eventually, some remarkable developments. Firstly, the head of article 299 [...]
Carta Forense After having approached the subject of the interlocutory relief (based on urgency), but filed on a preceding basis (articles 303/304), the next step is to analyze the topic related to the temporary provisional injunction, pleaded on that same basis (article 305 and following articles). Granting a provisional injunction as a measure filed on [...]
Carta Forense In the previous paper, the focus was on the interlocutory relief based on urgency and filed on a preceding basis, which is set forth in article 303 of the new law. However, the analysis of this issue must be finalized because, according to the rule set forth in the head of article 304, the [...]
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