文章基本信息

标题：Dever fundamental de cooperação em processos administrativos da autoridade marítima: possibilidade de aplicação subsidiária do CPC no que tange à má-fé
本地全文：下载
作者：João Bernardo Antunes de Azevedo Guedes ; Daury Cesar Fabriz
期刊名称：Revista de Direito Público
电子版ISSN：1980-511X
出版年度：2017
卷号：12
期号：3
页码：115-152
DOI：10.5433/1980-511X.2017v12n3p115
语种：Portuguese
出版社：Universidade Estadual de Londrina
摘要：This research explores an individual’s necessity to act according to good faith and with respect to the fundamental responsibility of cooperation, as seen in articles 5 and 6 of the Brazilian Civil Procedural Code (CPC), respectively. Furthermore, article 15 structures its normative base; Law n. 9.537 regulates maritime traffic rules; and Decree n. 2.598 and NORMAM 07 does not address this theme. Nevertheless, this paper questions the possible subsidiary application of the CPC. Sequentially, this study examines the process in which maritime authority notices violations of the fundamental duty to cooperate in cases of misuse in statement of claims. In these cases, the challenges are inefficient in relation to questions relating to a part’s material responsibility; consequentially, they can only use innocuous and procrastinating arguments. In light of this phenomenon, the principle of good faith is not upheld, as it causes delays in administrative processes and reduces the efficiency of the administration. Additionally, these acts break the duty of solidarity, in such a way that other citizens are affected, as they do not have their cases judged in reasonable time. Thus, by extrapolating the use of the right to petition, which conducts are listed on Article 80 of CPC in relation to the administrative process, the maritime authority can impose penalties to the plaintiff. As a result, actions like these stated gives rise to the duty to repair damages and legal responsibility can reduce actions that embarrass the administration of the State.
关键词：Violation of marine traffic rules;Cooperation ?s Fundamental Duty;Civil Procedure Code.;Infração às normas de segurança do tráfego aquaviário;Dever fundamental de cooperação;Código de Processo Civil.