https://repositorio.pucsp.br/jspui/handle/handle/5333 2026-05-30T01:22:07Z https://repositorio.pucsp.br/jspui/handle/handle/46929 Título: Os limites da atuação judicial na fase probatória: indeferimento de provas e cerceamento de defesa Abstract: This study examines the limits of judicial activity during the evidentiary phase of civil proceedings, with particular emphasis on the denial of evidence and the risks of infringement of the right to a full defense, in light of the constitutional and cooperative model of procedure established by the 1988 Brazilian Federal Constitution and the 2015 Code of Civil Procedure. The analysis is based on the premise that the evidentiary powers conferred upon judges are not unlimited and must be exercised in accordance with the principles of substantive adversarial proceedings, full defense, due process of law, procedural cooperation, and the duty to provide reasoned judicial decisions. The research adopts a theoretical and dogmatic approach, grounded in a critical analysis of Brazilian procedural legislation and contemporary legal doctrine, particularly regarding the distinction between judicial discretion and arbitrariness in adjudicative activity. In the evidentiary context, the study demonstrates that evidence constitutes a fundamental right of the parties and a central element for the legitimacy of judicial decisions, rendering its restriction through generic or insufficiently reasoned denials improper. It concludes that so-called judicial discretion should be understood as a functionally limited and legally controllable form of decision-making, rather than a subjective power of choice. The arbitrary denial of relevant evidence constitutes a violation of fundamental procedural guarantees, leading to a denial of the right to a full defense and undermining the legitimacy of judicial adjudication within a democratic state governed by the rule of law Tipo: Dissertação 2026-03-31T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46924 Título: As inovações dos contratos bancários e as fintechs Abstract: This work investigates innovations of banking contracts considering fintechs and whether such innovations are agree with good faith. The research recognition that this is a new theme, with few doctrinal works about innovations in such contracts, especially, if considering the technological innovations brought by fintechs to financial operations and their relationship with good faith. In this case is even rarer to find doctrinal works. Therefore, this study proposes to deepen the understanding of these innovations, observing electronic contracts, how the declaration of intent, signature, form, considering artificial intelligence and algorithms, as well as the implications for good faith. Thus, considering that the topic is new and the corresponding doctrinal treatment is scarce, an exposition on the subject is necessary, justifying the choice of this theme. This research aims to: (i) demonstrate the innovations in contracts resulting from technological innovations brought about by fintechs; (ii) how the declaration of intent has been manifested; (iii) how such contracts are signed; (iv) what their form; (v) what the influence of artificial intelligence and algorithms in these contracts; and (vi) whether good faith is being respected. The methodology used was the deductive method, examining selected bibliography, norms, and judicial decisions to arrive at the result, which is to conclude that banking contracts have innovations in terms of form, declaration of intent, and signature, and that they are influenced by artificial intelligence and algorithms, and that good faith must be observed Tipo: Dissertação 2026-03-31T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46920 Título: Eficácia preclusiva colateral da coisa julgada no código de processo civil de 2015: novo instrumento de coletivização das demandas individuais Abstract: The scope of this study is to analyze the amendment to Article 506 of the Brazilian Code of Civil Procedure of 2015, concerning the application of res judicata in favor of third parties in individual proceedings, herein referred to as the collateral preclusive effect of res judicata. The analysis begins with res judicata as a characteristic of jurisdiction and a fundamental institution of civil procedure, presenting its concept and historical development, its constitutional and principled foundations, and its regime within the framework of collective proceedings. Subsequently, a parallel is drawn with the doctrine of nonmutual collateral estoppel under United States law, with the purpose of contributing to the maturation of the debate and of providing a technical and pragmatic framework for the interpretation and responsible application of the institute in contemporary legal practice, attentive to procedural efficiency and the optimization of adjudication, without undermining the structural guarantees of the system. The objective of the study is to examine the normative basis, the theoretical and doctrinal guidelines, as well as the operational parameters for the application of the collateral preclusive effect of res judicata. The methodology adopted in this research consists of a comprehensive bibliographic analysis of both national and foreign legal doctrine, combined with documentary analysis through the examination of domestic and international jurisprudence. A comparative perspective is adopted with respect to nonmutual collateral estoppel under United States law, with the aim of identifying parameters for the application of the collateral preclusive effect of res judicata within the context of Brazilian civil procedure. As a result, the study identifies the theoretical and practical feasibility of extending the benefit of res judicata to issues decided in favor of third parties in individual proceedings, not only because the legislative prohibition has been repealed, but also because the technique is deeply harmonious with other procedural institutions and responds to the demand for a results-oriented civil process. The research has significant practical impacts — such as procedural economy, decisional coherence, and process optimization — as well as scientific relevance, insofar as it delineates criteria for this subjective expansion of res judicata in individual proceedings, thereby contributing to the academic debate on procedural effectiveness, legal certainty, the reasonable duration of proceedings, and access to justice Tipo: Dissertação 2026-03-11T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/46911 Título: Controle de convencionalidade interamericano: uma releitura crítica diacrônica sobre o seu desenvolvimento, limites e desafios na Corte Interamericana de Direitos Humanos Abstract: Since 2006, a doctrine has emerged in the inter-American context as an innovative instrument arising from the jurisprudence of the Inter-American Court of Human Rights and, at the same time, a new challenge in the exercise of power regarding the control of the validity of laws and normative acts: the control of conventionality, radically different from that carried out by other regional Human Rights Courts. Its theoretical foundation, conceptual contours, scope and limits, and its impacts on domestic legal systems are revisited, in light of the interpretative expansion of the mandate of the IACHR Court and contemporary criticisms of this doctrine regarding the compatibility of this expansion with the principles of complementarity, state sovereignty, and constitutional pluralism. The institutional design of conventionality control has been progressively expanded and reconfigured, relying not only on horizontal judicial dialogues but also vertical ones, in which the IACHR acts as a vertex channeling the meanings of human rights in the construction of common standards, dictating the authentic interpretation in the face of States' risk of abuses and relativism, causing the space for mutual influences – the basis of dialogue – to be compromised by the loss of States' interpretative resistance within the system, impacting the management of their domestic actions, which shifts the dialogue from a parity level to a field of compliance and mere vertical dissemination.. From the inductive method of analyzing the Court's jurisprudence, the main challenges and perspectives of doctrine are identified, as well as proposals for improvement that can ensure respect for the diversity of States' constitutional values without undermining the protection of human dignity. It is concluded that strategies are needed to encourage the engagement of local actors and promote the understanding of conventionality control as an element of dialogue between national and international systems, leading to the Court's self-understanding as a body of 'limited yet significant powers,' whose strength does not lie in the imposition of self-constructed doctrines, but in the ability to engage with the constitutional practices in force across the continent Tipo: Dissertação 2026-03-16T00:00:00Z