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A Interpretação Das Regras De Incidência E O Acesso À Justiça No Microssistema Dos Juizados Especiais Cíveis Estaduais the Interpretation of the Rules of Implication and Access to Justice in the Micro of Special Courts Civil State
| Content Provider | Semantic Scholar |
|---|---|
| Author | Alberto, Jorge Luís Moreira Melo, Silva De |
| Copyright Year | 2015 |
| Abstract | Access to justice is the keynote contemporary in the several branches of law. Undoubtedly the contribution of small courts civil state, and federal Public Treasury for the scope of the principle of judicial presence. The advent of the Law 9.099/95, the microsystem structuring of special courts, generated doctrinal discussions about the rules of incidence of the jurisdiction of small claims courts, as it prevails in the case criterion due to the limiting value of all the causes listed in this document , sharply reducing the scope, and in turn the access intended by the constitutional legislator, in the judgment of the causes of low complexity. In this scenario, the point that there is no limit value in cases provided for in sections II and III of art. 3 of the Law 9.099/95, especially as those enumerated in art. 275, II CPC, allowed its processing front of the Small Claims Courts State, regardless of value, as effective access to justice. The choice of the legislature to establish criteria for the subject matter and the monetary value is understanding recently signed by Brazilian courts without breaking with the health of the microsystem. Independently of the various controversial issues and features about the jurisprudence rules incidence of special civil courts, the fact is that this microsystem oversees the expansion of access to justice to large portion of citizens to a fair legal system. The research methodology used was the literature research with a qualitative approach and review of case law and judged. |
| File Format | PDF HTM / HTML |
| DOI | 10.21671/rdufms.v1i1.732 |
| Alternate Webpage(s) | http://www.seer.ufms.br/index.php/revdir/article/download/732/1179 |
| Alternate Webpage(s) | https://doi.org/10.21671/rdufms.v1i1.732 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
