PROCESSO CIVIL - LEI PROCESSUAL CIVIL NO TEMPO (A04 P.2)

Summary

In this educational video on Civil Procedure Law, the instructor discusses key concepts such as the application of new procedural laws and the principle of isolation of procedural acts. The teacher explains the potential impact of changes in law on ongoing processes, with specific examples on deadlines and judicial competence. Additionally, the instructor emphasizes the importance of understanding procedural principles and invites students to follow the course and engage in their learning journey, highlighting a special offer for a free social security law course if a goal of 100,000 subscribers is reached.

Takeaways

• 😀 The teacher emphasizes the importance of likes, shares, and subscriptions to the channel, highlighting that reaching 100,000 subscribers will unlock free educational content for the students.
• 😀 The teacher is working hard to deliver the course, even under the intense heat in Vitória, showing commitment to the students' learning.
• 😀 The concept of applying a new civil procedure code (CPC) during an ongoing process is discussed. If the new law is more beneficial, it can apply to the process, even if it was enacted midway through the deadline.
• 😀 The teacher clarifies that if a law change occurs after a deadline has passed (like in the 11th day scenario), the new law cannot be applied retroactively to an already concluded act due to the principle of the isolation of procedural acts.
• 😀 The principle of isolation of procedural acts is key to understanding how the civil procedure code applies to ongoing cases. Once an act is completed, it cannot be affected by subsequent legal changes.
• 😀 Competence in civil procedure is determined at the time of the petition's initial filing. Any new law that changes jurisdictional rules will not impact cases already filed, as per the general rule in CPC.
• 😀 The exception to the rule is when a new law creates a substantial change that affects the ongoing process, such as the elimination of a judicial body. In this case, the process must be redirected to the appropriate jurisdiction.
• 😀 The example of the creation of the labor justice system after the 2004 constitutional amendment (Emenda Constitucional 45) illustrates how processes from other courts were redirected to the specialized labor court.
• 😀 The importance of understanding how new laws affect ongoing cases is reinforced with the specific example of changes in the jurisdiction for labor cases, which were moved to a specialized court post-2004 amendment.
• 😀 The teacher encourages students to stay engaged with weekly classes to avoid accumulating too much material, as the next phase of the course will focus on understanding procedural principles in-depth.

Q & A

What is the main topic of the video script?

The main topic of the video is Civil Procedure law, specifically the application of new laws, procedural timelines, jurisdictional changes, and principles in the Brazilian legal system.

What is the significance of 'Lei Processual Civil no Tempo' in the video?

The phrase 'Lei Processual Civil no Tempo' refers to the application of civil procedural law over time, particularly how new procedural laws can affect ongoing legal proceedings depending on when they come into effect.

What does the professor mention about the effect of new laws on ongoing legal acts?

The professor explains that new laws, particularly in procedural civil law, can apply to ongoing legal acts if they are more beneficial to the party involved. This is in accordance with the constitutional principle that laws cannot retroact to harm but may retroact to benefit.

Can the new Civil Procedure Code (CPC) apply to an ongoing contestation process if it provides more time for response?

Yes, the new CPC can apply to an ongoing contestation process if it offers more time for the party to respond. The law can be applied retroactively if it benefits the party, provided the law comes into effect during the process.

What does the professor explain about the principle of 'isolation of procedural acts'?

The principle of 'isolation of procedural acts' means that once a deadline for a specific act in a legal process has passed, it cannot be altered by the introduction of a new law, even if the new law is beneficial. This principle ensures legal certainty and respect for established timelines.

What happens when a new law changes the jurisdiction of a court, according to the professor?

When a new law changes the jurisdiction of a court, the new law will not affect ongoing cases unless there is a specific change, such as the elimination of a judicial body. In that case, the process will be transferred to the correct court, as outlined by the new jurisdictional rules.

How does the professor explain the concept of 'competence' in relation to new procedural laws?

Competence refers to the authority of a court to hear and decide a case. If a new procedural law changes the competence (i.e., the court that should handle the case), the rule is that ongoing cases will continue under the old court's jurisdiction unless a judicial body is abolished, in which case the case is transferred to the appropriate court.

What is the exception to the rule about jurisdictional changes in ongoing cases?

The exception occurs when a judicial body is abolished, or the law creates a new jurisdictional structure. In these cases, the ongoing case will be transferred to the new court or judicial body that holds the competence, regardless of the case's current stage.

Can you provide an example of jurisdictional change affecting ongoing cases?

Yes, an example provided by the professor is the 2004 Constitutional Amendment in Brazil, which moved labor cases from the common courts to the specialized Labor Courts. Ongoing cases that were still in the common court were transferred to the new Labor Court for resolution.

What does the professor mean by 'perpetuatio jurisdictionis'?

The principle of 'perpetuatio jurisdictionis' means that once a case has been assigned to a court, it will remain with that court for the duration of the case, even if jurisdictional rules change. This ensures the stability of the legal process and prevents retroactive changes from disrupting ongoing cases.