Full text
| |
| Author(s): |
Leonardo Augusto dos Santos Lusvarghi
Total Authors: 1
|
| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2012-04-20 |
| Examining board members: |
Carlos Alberto de Salles;
Antonio Herman de Vasconcellos e Benjamin;
Susana Henriques da Costa
|
| Advisor: | Carlos Alberto de Salles |
| Abstract | |
This thesis focuses on the preliminary injunctions in class actions, having as the starting point the different legal treatment given by the legislator and the non-legal jurídical considerations that flows from its nature. By means of a comparative study, the work intends to face the inherent difficuties of the complex relationships entailed, paying extra attention to the function of the preliminary injunction structure, to the concept of irreparability and irreversibility, and to the way the requirements of balance of hardships and public interest apply. The analysis passes through the theories of the judicial decision-making process in order to give perspective to the need of more complex deliberative proceedings which must be done in full details to reach accountability. Furthermore, the work explores the pragmatic adjudication elaborated by Richard Posner and intends its application to class actions by means of the introduction of cost-benefit analysis as a welfarist decision-making procedure that is morally relevant, but not morally decisive. (AU) | |
| FAPESP's process: | 09/11803-1 - Preliminary injunctions in Class Actions and Public Law Litigation: the rationality of issuing interlocutory injunctions |
| Grantee: | Leonardo Augusto dos Santos Lusvarghi |
| Support Opportunities: | Scholarships in Brazil - Master |