As ações de alma e a promoção da tutela jurisdicional
This work has focused on the outlined actions processed by the County Alma do Rio Preto MG, in the late nineteenth century, with emphasis on four actions postulated in the years 1860 to 1865. To do so, we, as a primary source research that has been undertaken by the Faculty of Law, Valença, an integ...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Centro Universitário de Valença
2010-10-01
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| Series: | Revista Interdisciplinar de Direito |
| Subjects: | |
| Online Access: | http://revistas.faa.edu.br/index.php/FDV/article/view/549/428 |
| Summary: | This work has focused on the outlined actions processed by the County Alma do Rio Preto MG, in the late nineteenth century, with emphasis on four actions postulated in the years 1860 to 1865. To do so, we, as a primary source research that has been undertaken by the Faculty of Law, Valença, an integral unit of the Foundation Dom André Arcoverde, called “Memory of the Judiciary Miner Vale do Rio Preto, which includes documentation and pleadings of registry of that time, thus enabling a better understanding of the real meaning of these actions so far, we contextualize the moment in history, economic and political development of Brazil, especially the state of Minas Gerais in the period, pointing to the origin of the District of Black River, as the department responsible for the instru-mentalization of those actions, with the aim of promoting judicial protection, enhanced with the judiciary exercised by county judges, positions occupied by individuals of great legal knowledge and sensitivity, appointed for this purpose because of the need for orga-nizational justice, tuned to the ability , balance and sensitivity of the technical-legal social being involved in the implanted system, comparing the ability of lay judges in the mold of Law 9.099/85, which created the Special Courts of Small Causes, in actuality, which utter decisions, subject to the approval by the qualified judges who are subordinate. The subject, however, consists of principles that we believe have consistently influenced the current and new forms of access to justice, much more authentic, quick and informal, it was not ex-ploited as it should. Quite the contrary, because such procedures were forgotten or erased by time, appearing in modernity, as a new fact, another form of adjudication, with the aim of enabling the “real” access to justice, and that has become so formal, hindering so such access, making the process difficult and time consuming compared to the ways of obtaining the adjudication focused on the imperial period. |
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| ISSN: | 1518-8167 2447-4290 |