Conexão e Continência no CPC l Você sabe a diferença?

Summary

This video explains the differences between 'conexão' (connection) and 'continência' (continence) in Brazilian Civil Procedure Law. Both institutes aim to prevent conflicting decisions and promote judicial efficiency by allowing the joining of similar cases. 'Conexão' involves cases with the same cause of action and request, while 'continência' applies when cases share the same parties and cause of action but differ in the breadth of the request. The video also covers the procedural order for filing these cases and how they influence case management and jurisdiction.

Takeaways

• 😀 Conexão (Connection) and Continência (Continuity) are concepts in Brazilian Civil Procedure designed to modify jurisdiction to avoid conflicting decisions.
• 😀 Both conexão and continência aim to promote judicial efficiency and economy by consolidating related cases.
• 😀 Conexão involves two or more cases with the same cause of action and the same request, which can be consolidated for a joint judgment.
• 😀 Continência applies to cases with the same parties and cause of action, but one case has a broader request than the other, leading to the potential consolidation of these cases.
• 😀 The concept of conexão ensures that cases with identical elements (cause of action and request) are heard together to prevent conflicting rulings.
• 😀 In continência, the broader action (the 'action continente') can include the smaller action (the 'action contida'), and this broader case should be judged together with the smaller one.
• 😀 When the broader action is filed first, the smaller action may be dismissed for litispendência (pending litigation) because the request is already covered by the larger action.
• 😀 If the smaller action (contida) is filed first, both actions may be joined for a joint judgment.
• 😀 The concept of litispendência arises when two actions involve the same request, with one of them being a broader version of the other.
• 😀 Both conexão and continência allow judges to modify jurisdiction for the sake of judicial economy and to prevent inconsistent decisions in related cases.

Q & A

What is the main focus of the video?

The video explains the difference between 'conexão' (connection) and 'continência' (continence) under the new Civil Procedure Code, and how these concepts help modify jurisdiction to prevent conflicting decisions and promote judicial economy.

What does 'conexão' (connection) refer to in the Civil Procedure Code?

'Conexão' refers to the possibility of combining two or more lawsuits that share the same cause of action and request. This allows for a joint trial, avoiding conflicting decisions from different courts.

How is 'continência' (continence) different from 'conexão' (connection)?

'Continência' refers to cases where two lawsuits have the same parties and cause of action, but one has a broader request than the other. The broader request, called the 'continent' action, encompasses the smaller one, called the 'contained' action.

What happens when the broader case (continent) is filed first in a continência scenario?

If the broader case (continent) is filed first, and the smaller case (contained) is filed later, the smaller case may be dismissed without resolution, while the broader case is adjudicated.

What is the significance of 'relative competence' in relation to conexão and continência?

Both 'conexão' and 'continência' apply only in cases of relative competence, meaning the jurisdiction can be modified. They do not apply in situations of absolute competence, where the jurisdiction is fixed.

What is the procedural benefit of combining cases through conexão and continência?

The combination of cases through 'conexão' and 'continência' helps avoid conflicting decisions from different courts and promotes judicial economy by resolving related cases together.

What does it mean for a case to be dismissed without resolution in the context of continência?

When a smaller case (contained) is filed after the broader case (continent), the smaller case may be dismissed without resolution of its merits, as the broader case already covers the claims.

Can conexão and continência apply to any type of legal case?

No, conexão and continência only apply in cases of relative competence, where the jurisdiction can be adjusted. They are not applicable in situations of absolute competence, where the jurisdiction cannot be modified.

In the example involving João and Maria, how is continência illustrated?

In the example, João and Maria are involved in two cases: one with a smaller request and one with a broader request. The broader request encompasses the smaller one, demonstrating the concept of continência.

What is the role of the judge in cases involving conexão and continência?

The judge has the authority to combine related cases under conexão and continência to ensure that they are tried together, avoiding conflicting decisions and improving judicial efficiency.