Year: 2011
Type: dissertation
Abstract: Isonomy has been dealt with from its evolution in human thoughts and in the inequality of social context in Latin American and Brazilian realities since their colonial times.After the discourse analysis regarding handling equal ones equally and unequal ones unequally, the State constitutional commitment in promoting equality in its connection to other constitutional guarantees is addressed.The rereading of the object and the function of the civil process is promoted through the light of isonomy; being the magistrate's duty to guarantee it among litigants, the lead of the process is advocated in a dynamic and collaborative perspective in order to provide the effective access to justice and the real parity between the parties without compromising the judge impartiality.Once the need of a differentiated treatment is identified, the vulnerability is presented as a legitimate criterion for distinctions from consistent assessment elements.Equality is addressed under the civil process humanization and the thesis presents the innovative concept of procedural vulnerability, susceptibility, which compromises the practice of act in court by an involuntary litigant limitation due to health and/or economical, informational, technical or organizational order of permanent or provisional character.Differences presented on the procedural system are analyzed in order to assess a possible link with factors related to the vulnerability.There are also proposed solutions in order to overcome harmful effects from procedural vulnerability in several moments of the processing of civil works and to foster an equal participation.Finally, the application viability of the thesis is demonstrated through the claim of cause, indicating the procedural aspects for its recognition in court.
Author: Fernanda Tartuce Silva
Language: Portuguese
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W1594763571