O controle jurisdicional do plano de recuperação judicial: paradigmas para o protagonismo cognoscitivo do Magistrado no exercício da Jurisdição

Abstract

This thesis has as object the jurisdictional control over the judicial reorganization plan, besides the paradigms to the Magistrate s cognoscitive protagonism whilst in the Jurisdiction s exercise. The objective is to identify which are those paradigms and the better way to make use of them in the jurisdictional function s exercise, notably facing the judicial reorganization plan. Initially, research is developed through questionings regarding social conflicts, the jurisdictional State s activity, and the themes which are correlative to them, such as politics, the power, the legitimation, the law. Then, questions which contemplate judicial reorganization will be handled. A firm analysis, whilst economic category, will be made so that, in what follows, we are able to discuss the organizational crises and their overcoming means, notably the very own judicial reorganization. After having handled the State s jurisdictional activity and the Judicial Reorganization, the paradigms to the contemporary Magistrate s cognoscitive protagonism in the judicial reorganization ambit will be presented. To sum up, the presented paradigms are the following: Assumption of the philosophical activity in the Magistrate s cognoscitive protagonism; Adequated comprehension of law epistemological topography; Recognition of the human person as a Jurisdiction s reference; Historically placed action of the Magistrate, conforming to its time s culture; Adoption of procedures in the operation of legal issues; Systemic thought of the problems which involve law; and, finally, Recognition of law as a linguistic phenomenon