Termo de ajustamento de conduta: uma forma alternativa de acesso à justiça

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2013-06
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Sousa, José Augusto Garcia de
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This dissertation analyzes the characteristics of the Conduct Adjustment Declaration (TAC), and demonstrates the reasons for presenting a solution to the effectiveness of the principle access to justice. In order to demonstrate that TAC (Conduct Adjustment Declaration) is in fact an alternative to judicial ways, data was obtained from the Court of Rio de Janeiro and the National Council of Justice websites, which provide evidence for the judiciary system crisis. Furthermore, characteristics of the adjustment conduct are exposed, along with a discussion of its evolution through the years. In principle, such peculiarities support even further the idea of the substitutability of judicial proceedings, aside from processes being speedy, they do not impose formalities required by judicial powers. Finally, two terms of adjustment conduct were presented, the first having been signed by the Federal and State Public Prosecuters, and the second by the Labor Prosecutor. The conclusion of this study is that Conduct Adjustment Declaration has enormous potential to become an alternative to litigation solutions, however, it still requires certain adaptations to be fully operational.


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