Abstract
This paper explores the possibility of applying structuring injunctions in Brazilian civil procedural law. Utilizing literature review, this study explores whether the Brazilian, constitutional and infraconstitutional normative system is apt for the adoption of structuring injunctions without contradicting or affronting the current legal system. To this end, this article analyzes the constitutional principles of access to justice, the division of state functions, as well as the principles of demand and correlation. It also studies legislative innovations of the Brazilian Code of Civil Procedure of 2015, specifically the general procedural clauses and the principle of collaboration. This study then goes on to study article 21 of the Law of Introduction to Norms of Brazilian Law, which adopts explicitly the use of structural measures in the judicial decision-making process.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
