http://www.bdtd.uerj.br/handle/1/3591 2026-03-05T16:43:33Z 2026-03-05T16:43:33Z Rocha, Pedro Cavalcanti de Almeida http://www.bdtd.uerj.br/handle/1/25300 2026-02-20T15:18:05Z 2025-12-11T00:00:00Z

Título: Aspectos processuais do financiamento de litígios e a sua objetivação como instituto jurídico: o efetivo acesso à justiça através da paridade de armas Autor: Rocha, Pedro Cavalcanti de Almeida Primeiro orientador: Pinho, Humberto Dalla Bernardina Abstract: Historical evolution has led litigants to possess greater technical legal knowledge, providing them with increased opportunities to assert their rights through the judicial system. As a result, there is a high and growing number of cases in progress. The overburdening of the judicial system leads to unreasonable delays in the delivery of final judicial decisions, postponing binding decisions on various levels. Aware of these systemic flaws, several market players exploit their financial advantage to overwhelm opposing parties in lengthy and costly judicial proceedings. This reality undermines the principle of equality of arms and the effective access to justice, both of which are fundamental Brazilian constitutional principles in procedural law. Considering these challenges, the market has begun to offer the parties the opportunity to have their disputes funded by financial agents, thereby promoting balance in the lawsuits. This activity has been increasingly frequent in Brazil, with an exponential rise of financial agents specialized in this matter. For these reasons, we consider it important to establish legal definitions on the litigation finance, framing it as a legal institute in order to provide legal certainty in the interpretation and practical application of this activity. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese

2025-12-11T00:00:00Z Cavaco, Bruno de Sá Barcelos http://www.bdtd.uerj.br/handle/1/25276 2026-02-04T15:09:53Z 2025-03-24T00:00:00Z

Título: Devido processo legal decisório e consequencialismo: uma análise empírica a partir da experiência das cortes brasileiras Autor: Cavaco, Bruno de Sá Barcelos Primeiro orientador: Fux, Luiz Abstract: This thesis aims to demonstrate the need to adopt a balanced decision-making rationality (with normative and descriptive influences), which incorporates into the theory of judicial decision the necessary and compelling consideration of consequences (legal consequentialism), as well as does not demonize open-content and less densified norms, thus allowing the construction of a theory of judicial decision in accordance with the institutional capacity of the Powers of the Republic, without neglecting or moving away from the central premise that the procedural arena is, in contemporary times, a locus for the enforcement of fundamental rights. In this scenario, the construction of the thesis was based on the following fundamental premises, namely: (i) Law No. 13,655/18 (LINDB) adopted consequentialist logic in its normativity, giving the assessment of consequences a central role in the scenario of the justification of judicial decisions; (ii) the consideration by the judge of the practical consequences of each of the possible meanings underlying the normative texts of open semantic content, as well as of possible contrasted alternatives, must be done in light of proportionality; (iii) art. 20 of the LINDB is integrated into the national procedural framework alongside other postulates, fulfilling an important function for the interpretation of sources and application of procedural rules; (iv) the consequences to be considered at the time of the decision are forged in the environment of the procedural debate, inspired by the cooperative model of process and by the cogency of the adversarial system in its strong sense; and (v) the analysis of institutional capacity, involved in a context of jurisdictional deference, contains an external element of the constitutional duty to justify judicial decisions. In order to demonstrate the hypotheses presented in the thesis, as well as to verify the state of the art in the application of the consequentialist paradigm and, further, aiming at collecting elements for the proposal of decision-making models that observe the normativity underlying Law 13.655/2018, empirical research was carried out in all Brazilian Courts that are part of the national civil justice system, based on an exploratory methodology, with a mix of quantitative and qualitative parameters. Ultimately, the results indicated that Brazilian Courts have already integrated, to a certain extent, the consequentialist argument as an important decision-making tool. However, certain improvements are absolutely necessary in order to obtain procedural decision-making models that are appropriate to the constitutional design. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese

2025-03-24T00:00:00Z Neves, Elisa Ramos Pittaro http://www.bdtd.uerj.br/handle/1/25275 2026-02-04T15:08:46Z 2025-04-04T00:00:00Z

Título: Investigações internas e criminal compliance: a validade dos elementos de informação obtidos nas investigações corporativas no Direito brasileiro Autor: Neves, Elisa Ramos Pittaro Primeiro orientador: Souza, Artur de Brito Gueiros Abstract: The present work aims to discuss the admissibility of the elements of information produced in corporate investigations in the Brazilian procedural system. To this end, it is necessary to analyze the evolution of Criminal Law until the emergence of the "compliance era", which boosted the creation of corporate investigations. In Brazil, procedural legislation only provides for police investigations as a form of criminal investigation, although the Public Prosecutor's Office and the defense can carry out their own procedures, with different objectives. Foreign legislation provides for other types of private investigations, which fit into their procedural systems, such as corporate investigation. This investigation emerged in the United States as part of an adversarial model, where the prosecution and the defense take part in a two-party process. The dispute between the parties for better methods of producing evidence, combined with plea bargaining, made unofficial investigations legitimate, including the corporate investigation. The introduction of this investigation in countries with an inquisitorial accusatory model, where there is a procedural culture of seeking the truth through an official investigation, causes distrust and tension between the need to obtain elements of information and the preservation of fundamental rights and guarantees. After analyzing the procedural systems, the different types of evidence and their peculiarities in collection, admission and production, this dissertation concludes that internal investigations are a valid tool in the Criminal Process. Just like any type of investigation, corporate investigation must fully comply with the law and the Federal Constitution so that its informative elements can be used during the process or serve as the basis for some agreement. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese

2025-04-04T00:00:00Z Palermo, Marcos Pascotto http://www.bdtd.uerj.br/handle/1/25250 2026-01-26T18:31:27Z 2025-03-13T00:00:00Z

Título: O pensamento jurídico-político de Carlos Maximiliano: apreensão de uma visão sobre a sociedade e o Estado no Brasil (1911-1946) Autor: Palermo, Marcos Pascotto Primeiro orientador: Mendes, Alexandre Fabiano Abstract: This doctoral thesis aims to provide subsidies to Legal History and Legal Thought in Brazil, taken in a context of connection with studies on the development of Brazilian Political Thought. The research is based on the intellectual work and public life of Carlos Maximiliano, a renowned jurist and politician. The scope of this work is centered in Brazil, and, by temporal cut, the gap between his first election as federal deputy and the writing of his last work on Constitutional Law. In all cases, attention is paid to changes in the political regime. The aim is, therefore, to deepen the knowledge about a Brazilian view of law and politics, remembering that the author appears as a character who occupies prominent institutional positions. Hence, it will be sought (i) to create an outline of his trajectory in public life, paying attention to positions and roles he held, in order to present his legal and political production; (ii) and, when taking into account the aforemeintioned production, to understand and present his thoughts on the appropriate State model to the social reality existing at the time. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Tese

2025-03-13T00:00:00Z