Revista Eletrônica de Direito Processual (Sep 2021)

THE CONSTRUCTION REQUIREMENTS FOR THE PRONUNCIATION OF PARTIAL DECISION: BETWEEN THE COMPLEXITY OF ISSUES OF FACT ISSUES AND THE CONCEPTION OF PHATIC INDEPENDENCE

  • Vinícius da Silva Lemos

DOI
https://doi.org/10.12957/redp.2021.62274
Journal volume & issue
Vol. 22, no. 3
pp. 1067 – 1124

Abstract

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This article discusses the study of the objective complexity of the process and its relationship with the feasibility of pronunciation a partial decision. The cognitive and procedural division of the process requires general requirements for its construction and, before these, the issues of fact are relevant and essential, with the need to analyze the very complexity of these issues and their relationship with the partial decision, forming a conglomerate of requirements, before the specific dialogues with each chapter of the jurisdiction. The aim is to understand the impact of the issues of fact in the construction of the requirements for the pronunciation of the partial decision, with or without resolution of the merits.

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