Diferença entre competência absoluta e relativa para sua prova da OAB

Summary

In this quick tutorial, Professor Rodrigo Artes explains the key differences between absolute and relative jurisdiction in civil procedure law. He clarifies that absolute jurisdiction can be raised at any time and involves issues like subject matter, hierarchy, or parties involved. In contrast, relative jurisdiction must be challenged within 15 days during the preliminary defense phase and is concerned with matters like territoriality or the value of the claim. Failure to raise a relative jurisdiction issue results in prorogation, making the court competent despite initial incompetence. Understanding these concepts is crucial for navigating civil procedures effectively.

Takeaways

• 😀 Absolute jurisdiction ('competência absoluta') is related to factors like subject matter, parties, court hierarchy, and function.
• 😀 Relative jurisdiction ('competência relativa') involves aspects such as case value and territorial jurisdiction.
• 😀 Absolute jurisdiction can be contested at any time, in any level of jurisdiction.
• 😀 Relative jurisdiction must be contested within the first 15 days of a legal contest, otherwise, it becomes extended.
• 😀 If relative jurisdiction is not contested on time, the court becomes fully competent, even if it was originally relatively incompetent.
• 😀 A judge can recognize absolute incompetence ex officio (on their own initiative).
• 😀 In absolute jurisdiction, there are no time limits for contesting incompetence.
• 😀 In relative jurisdiction, failing to raise the issue within the deadline results in the court gaining competence over the matter.
• 😀 If a party fails to contest relative jurisdiction in the required time, the competence is considered 'extended'.
• 😀 Both absolute and relative incompetence should be raised in the preliminary stages of the contestation as per the Civil Procedure Code.

Q & A

What is the difference between absolute and relative competence in civil procedure?

Absolute competence is related to matters that can be challenged at any time and at any level of jurisdiction, whereas relative competence refers to issues like territoriality or the value of the cause, and can only be challenged by the interested party within a specific time frame.

Can absolute competence be challenged at any time?

Yes, absolute competence can be challenged at any time because it concerns fundamental issues, such as the nature of the case, the person involved, or the judge's jurisdiction.

What happens if the absolute competence is not challenged?

If absolute competence is not challenged, the case can still proceed, as there is no time limit for raising this issue. Additionally, the judge can recognize the incompetence of the court on their own (ex officio).

Is there a time limit for challenging absolute competence?

No, there is no time limit for challenging absolute competence. It can be raised at any stage of the process.

What is the time frame for raising a challenge to relative competence?

A challenge to relative competence must be raised within 15 days of the initial contestation, as specified in the Civil Procedure Code.

What happens if relative competence is not challenged within the specified time?

If relative competence is not challenged within the 15-day period, the competence is automatically prorogated, meaning the initially incompetent judge is considered competent for the case.

Can relative competence be acknowledged by the judge without it being raised by the party?

No, relative competence can only be challenged by the interested party and cannot be recognized by the judge on their own. It is the responsibility of the party to raise the issue.

What are examples of absolute competence in civil procedure?

Examples of absolute competence include cases involving specific subject matter, certain persons (such as public officials), or cases where the law designates a particular court or judge based on the hierarchical or functional role of the court.

What types of issues fall under relative competence?

Relative competence typically involves issues such as the territorial jurisdiction (where the case should be heard) and the value of the claim.

What does 'prorogation of competence' mean in relation to relative competence?

Prorogation of competence occurs when a party fails to challenge relative competence within the 15-day period. As a result, the initially incompetent court or judge becomes competent to handle the case.