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Dissertação
Estudo de caso sobre as ações indenizatórias provenientes de acidentes de trânsito na segunda vara cível de Gurupi/TO
Living in society is extremely complex, requiring from time to time checking how institutions established act to fulfill their constitutional duties and whether jurisdiction can be effective in strict adherence to human rights. It’s necessary to point out that human rights do not deserve a narrow...
Autor principal: | Silva, Nilson Afonso da |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2016
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/196 |
Resumo: |
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Living in society is extremely complex, requiring from time to time checking how institutions
established act to fulfill their constitutional duties and whether jurisdiction can be effective in strict
adherence to human rights. It’s necessary to point out that human rights do not deserve a narrow view,
in the sense that they are aimed at defending those who commit crime - as many people believe. The
Human Rights are intended to guarantee to all, without distinction, compliance with the constitutional
provisions, especially the human dignity and the fundamental rights. If the laws in effect are met, a
priori human rights will also be respected. To this end, it is necessary the analysis of data collected
scientifically to be known how the state agency (Judiciary) responsible for the jurisdictional service of
results is considering the constitutional text. By being invested of part of the State power, it is assumed
that it is working according to constitutional principles, doing everything necessary so that social
peace is restored. It must be checked if the judiciary is doing its duty and prerogatives and if the
process has a rite that allows its duration within a reasonable time. And in the case of origin of the
requests, can the judiciary deliver the good of life sought, ie, give efficiency and effectiveness
considering the process use? Was there victim compensation proportionate to the damage suffered and
in reasonable time in order to minimize and compensate their suffering? Surely that the research
should be more comprehensive, what happens is that, due to material difficulties, there is no way to
add to the work other researchers, noting that the surveys were conducted only by this master student
under the Second Civil Court of the Gurupi County together with the military police of Tocantins State
(4th BPM). The Map of Violence of 2013, released by the Ministry of Health, shows that,
proportionally, Tocantins is in first place in the rise in the number of people who die in traffic. In the
survey, which brings numbers from 2001-2011 there are 37.9 deaths per 100,000 inhabitants in the
state. In 2011, there were 531 traffic deaths, representing 64.9% compared to 2001 when 322 deaths
were recorded. The irresponsible behavior in traffic, especially of driving under the influence of
alcohol or other drugs, is a constant concern of the authorities. In 2011, the United Nations proclaimed
the Decade of Action for Safety in Traffic and issued a challenge to the countries: halving the number
of traffic deaths in a period of 10 years. Therefore, we investigate the judgments in suits for damages
from traffic accident in Gurupi County, specifically in the Second Civil Court, from September 2012
(the beginning of the electronic process in the County) until September 2015, responding to end which
was the deadline for the effective adjudication, and what would be a reasonable time of the procedure
for these specific actions. At the end, confirming the failure to comply with the principle, it is pointed
out possible proposals for solutions to the delay. Inductively, the data raised in legal proceedings were
analized, the Military Police data from Gurupi / TO, research available in the CNJ and Seguradora
Líder (DPVAT) and literature on the subject. |