THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES
Objective: The purpose of this article is to investigate the existence of anti-discrimination duties in the case management involving indigenous peoples, based on the Code of Civil Procedure. Therefore, the hypothesis presented is that, in addition to the substantive law rules, procedural rules must...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Centro Universitário Christus
2022-07-01
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| Series: | Revista Opinião Jurídica |
| Subjects: | |
| Online Access: | https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4255 |
| _version_ | 1797895926598074368 |
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| author | Raffaela Cássia de Sousa Roger Raupp Rios |
| author_facet | Raffaela Cássia de Sousa Roger Raupp Rios |
| author_sort | Raffaela Cássia de Sousa |
| collection | DOAJ |
| description | Objective: The purpose of this article is to investigate the existence of anti-discrimination duties in the case management involving indigenous peoples, based on the Code of Civil Procedure. Therefore, the hypothesis presented is that, in addition to the substantive law rules, procedural rules must also respect anti-discrimination duties.
Methodology: As a methodology, a qualitative approach is adopted, through a review of specialized literature and legislation.
Results: It’s concluded that Brazilian civil procedural law, by adopting the case management in cooperation with the parties, also adds anti-discrimination duties to the procedural norms, allowing the adaptation of the process to the specificities of indigenous peoples, expressing the commandment of equality provided for in the Constitution and emphasizing ethnic discrimination as a prohibited criterion of anti-discrimination law.
Contributions: The article contributes to the reflection that anti-discrimination duties, in addition to material norms, also reach the procedural norm and that case management (intra-procedural) is an important instrument to guarantee procedural equality for indigenous peoples. |
| first_indexed | 2024-04-10T07:34:37Z |
| format | Article |
| id | doaj.art-afc8b7a09769413d98f1adcf9a623980 |
| institution | Directory Open Access Journal |
| issn | 1806-0420 2447-6641 |
| language | English |
| last_indexed | 2024-04-10T07:34:37Z |
| publishDate | 2022-07-01 |
| publisher | Centro Universitário Christus |
| record_format | Article |
| series | Revista Opinião Jurídica |
| spelling | doaj.art-afc8b7a09769413d98f1adcf9a6239802023-02-23T13:19:05ZengCentro Universitário ChristusRevista Opinião Jurídica1806-04202447-66412022-07-012035618210.12662/2447-6641oj.v20i35.p61-82.20221254THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLESRaffaela Cássia de Sousa0Roger Raupp Rios1Escola Nacional de Formação e Aperfeiçoamento de Magistrados (ENFAM)Escola Nacional de Formação e Aperfeiçoamento de Magistrados (ENFAM)Objective: The purpose of this article is to investigate the existence of anti-discrimination duties in the case management involving indigenous peoples, based on the Code of Civil Procedure. Therefore, the hypothesis presented is that, in addition to the substantive law rules, procedural rules must also respect anti-discrimination duties. Methodology: As a methodology, a qualitative approach is adopted, through a review of specialized literature and legislation. Results: It’s concluded that Brazilian civil procedural law, by adopting the case management in cooperation with the parties, also adds anti-discrimination duties to the procedural norms, allowing the adaptation of the process to the specificities of indigenous peoples, expressing the commandment of equality provided for in the Constitution and emphasizing ethnic discrimination as a prohibited criterion of anti-discrimination law. Contributions: The article contributes to the reflection that anti-discrimination duties, in addition to material norms, also reach the procedural norm and that case management (intra-procedural) is an important instrument to guarantee procedural equality for indigenous peoples.https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4255antidiscriminaçãopovos indígenasgerenciamento de processos |
| spellingShingle | Raffaela Cássia de Sousa Roger Raupp Rios THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES Revista Opinião Jurídica antidiscriminação povos indígenas gerenciamento de processos |
| title | THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES |
| title_full | THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES |
| title_fullStr | THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES |
| title_full_unstemmed | THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES |
| title_short | THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES |
| title_sort | anti discrimination case management in the civil procedure law and indigenous peoples |
| topic | antidiscriminação povos indígenas gerenciamento de processos |
| url | https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4255 |
| work_keys_str_mv | AT raffaelacassiadesousa theantidiscriminationcasemanagementinthecivilprocedurelawandindigenouspeoples AT rogerraupprios theantidiscriminationcasemanagementinthecivilprocedurelawandindigenouspeoples AT raffaelacassiadesousa antidiscriminationcasemanagementinthecivilprocedurelawandindigenouspeoples AT rogerraupprios antidiscriminationcasemanagementinthecivilprocedurelawandindigenouspeoples |