O alcance da preclusão no processo civil: preclusões relativas ao juiz

Abstract

This work aims to investigate the reach of the legal-procedural institute of preclusion in relation to the procedural acts practiced by the judge. To do so, at first, we seek to carry out a study of legal facts in a broad sense, in order to place the species "procedural act" within the scope of this study. Once the procedural act is duly situated, we move on to the analysis of this type of act in Brazilian positive law, emphasizing the acts of magistrates, who are more suited to the theme of this work. Afterwards, a brief historical overview of the preclusion institute is made, dealing with its origin and evolution, starting in Roman law until the present day. Subsequently, it discusses the role of preclusion in the procedural dynamics, as well as differentiating its species, in addition to distinguishing the preclusion directed at the acts of the parts of the preclusion directed at the acts of the judge. Finally, we move on to the study of preclusion as a procedural stabilization tool, establishing its similarities and differences in relation to the institute of res judicata. [resumo fornecido pelo autor]