Amicus curiae : melhor aproveitamento a partir das diferentes funções instrutória e representativa

Abstract

This work deals with the application of amicus curiae in Brazilian Civil Procedural Law after the 2015 Civil Procedure Code. Such legislation included the institute as a form of third parties intervention, bringing some parameters for its use in the first and second degree of jurisdiction. To add greater effectiveness and usefulness to the institute, the present thesis proposes appropriate criteria and procedural treatments for each of the main functions performed by the amicus curiae: the instructive function and the representative function. For this purpose, the main aspects of the legislative text found in article 138, CPC, are xamined, separating which requirements would be more linked to the instructive function or the representative function. Afterwards, it focuses specifically on the criteria and procedural treatments of each function. As for the amicus curiae in the instructive function, the study of Comparative Law in the US experience is used as a point of comparison, with the purpose of examining the criticisms developed in the paradigm system, in order to circumvent the same obstacles in Brazilian practice. As for the representative amicus curiae, the idea of democratic participation in judicial activity is turned to for the suggestion of criteria and foundations in its application, always based on the guidelines of article 138, CPC.