ANALYSIS OF RE 643.978

Authors

  • Fradique Magalhães de Paula Júnior UNAERP
  • Zaiden Geraige Neto UNAERP

Abstract

There has been a growing evolution of judicial protection, the process, which until then was eminently individualistic, began to understand social and transindividual repercussions resulting from its results. Such repercussions were necessary for the absorption of the new emerging reality: the protection of the collectivity. This undoubtedly benefits the judiciary, either by guaranteeing access to justice or by the economy and procedural speed. However, despite the gradual evolution, the collective protection still finds certain obstacles to its effectiveness, among them, the sole paragraph of the first article of Law no. verse about FGTS, finding confrontation in the Federal Constitution, notably in article 129, item III.

Keywords: Public civil action; FGTS; Public Ministry; Federal Constitution.

Author Biography

Zaiden Geraige Neto, UNAERP

Doctor of Law from PUC / SP (2007), Master of Law from PUC / SP (2001) and Law degree from PUC / SP - 1994). In 2016, he started his credits at Harvard Extension School (Cambridge / Massachusetts / USA) for a Master's degree and subsequent entry into the Postdoctoral program at Harvard University, having completed credits at Law and Philosophy at International Human Rights, with Professors Christopher Taggart and Diana Buttu, respectively. In January 2017, she completed a third subject, The Constitutional Convention, and in October, completed The Human Rights of Children and Youth as Citizens, Migrants, and Refugees, with Professors Jacqueline Bhabha and Stacy Hannell (teaching assistant). Also in the city of Cambridge / Massachusetts / USA, he took the Legal Studies course at the New England School of English (NESE), covering the entire legal system of the United States of America. In 2018, he completed the Cours de Civilization Française de la Sourbonne by the Fondation Roburt de Sorbon, France. Executive MBA in Hospital Management from FGV - Getúlio Vargas Foundation (2007). He was Municipal Secretary of Legal Affairs of Barretos / SP (2005-2008). University Professor and Master and Doctorate Courses at the University of Ribeirão Preto - UNAERP. Founding partner of Geraige Advogados Associados. Member and Director of Institutional Relations of IASP (São Paulo Lawyers Institute). Member of the IASP Constitutional and Bioethical Process Committees. Member of IAB (Institute of Brazilian Lawyers). Visiting Professor at the "lato sensu" postgraduate course in Civil Procedural Law at the Faculty of Law of USP - Ribeirão Preto (FDRP / USP). Visiting Professor of the Postgraduate Course in Civil and Civil Procedural Law at Barretos College. Member of CONPEDI - National Council for Research and Postgraduate Law and SBPC - Brazilian Society for the Progress of Science. He was rapporteur of the Ethics Committee of the 7th Subsection of OAB / SP and Counselor of the PIO XII Foundation - Barretos Cancer Hospital. Former member and Chairman of the Advisory Board of the Encalso Damha Group (2016/2017). He is an Emeritus Citizen of Barretos, according to the title granted by the Barretos City Council (Legislative Decree No. 02/2016). Author and Co-Author of several books and legal articles. Has experience in the area of ​​Law, with emphasis on Civil Procedural Law (private / public law. Individual / Classic Law and Collective Rights - diffuse, collective and homogeneous individual), including civil liability of doctors and health professionals. Also very active in monitoring and executing processes of shareholders agreement, separation and exclusion of partners of legal entities, negotiations of partners, M&A, litigation, friendly discussion or in the Arbitration Chamber. He is a referee of CAMES (Chamber of Mediation and Specialized Arbitration). He has a strong background in Agrarian Law, considering that he is also a rural producer, having worked in numerous causes and consultancies related to agribusiness, notably as a lawyer for several clients, individuals and companies, such as the Montecitrus Group, the Encalso Damha Group, the Rural Patronal Union. Vale do Rio Grande, and partners and shareholders of companies such as Frigorifico Minerva. As a partner-owner of Geraige Advogados Associados, he provides legal advice and consultancy to the PIO XII Foundation - Barretos Cancer Hospital / SP, and is also a member of the Hospital's Research Ethics Committee (CEP). He is a reviewer of the Paradigma Magazine (Journal of the Master in Law of UNAERP). He is an ad hoc consultant and adviser to the Federal Justice Council - CJF.

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Published

2020-03-11

How to Cite

de Paula Júnior, F. M., & Neto, Z. G. (2020). ANALYSIS OF RE 643.978. Anais Do Congresso Brasileiro De Processo Coletivo E Cidadania, 7(7), 1259–1274. Retrieved from https://revistas.unaerp.br/cbpcc/article/view/1636

Issue

No. 7 (2019): Proceedings of the Brazilian Congress on Collective Process and Citizenship

Section

Acesso à Justiça, Proteção de Direitos e Coletivização das Demandas