Author(s) Bruno Miguel Lourenço Amado Preto
Advisor(s) Maria Elizabeth Moreira Fernandez
Synopsis The following dissertation will be grounded in the analysis of the case management legal figure. It is viewed as duty for the legislator, but what is objectively intended is that case management may be the instrument, the guidance and the action of the judge. Case management should be seen, first and foremost, as a range of competences that the judge holder of the case can and should promote, bridging the imperfections in claims submitted by the parties, resizing the initial pleadings, thereby drawing in a neutral and impartial manner the subject of the case. Shaped the modern Portuguese Civil Procedure Code, in the values of procedural promptness, simplification and procedural economy, it is up to the judge responsible for the case to further promote, provide and to manage, in the true nature of the term, holding its judicial activity as an insurmountable line to defense of the parties’ adversarial principle. Case management cannot distort the process, nor the parties’ claims, and should instead be interpreted as an aid in the pursuit of the purpose of the case driven by the parties, which results in a timely judicial ruling. Case management is therefore the consecration of an optimization mechanism of the parties’ activity in the initial phase of the cases, used by judges. This initial design of the judge’s procedures with the parties, determines the success or unsuccess of the claims, the interests, and the rights invoked by the parties. A key issue is therefore raised, which involves determining the type of case management. The judicial magistrate must have an active posture in the process of law, helping to formulate and to build the case, his legal and procedural knowledge has to be drained into the organization, composition of both the case and its subject, which is a manifestation of material case management. Even so, having only an active direction in the case’s progress at an early stage, the judge may boost up the arrangement in the procedures’ acts and necessary stages, which results in the judge’s formal case management. We therefore enhance the need to discuss the duty of case management of Article 6 of the Civil Procedure Code, questioning its admissibility on corresponding to the sum total of two spheres of case management. On balance, in this dissertation will be discussed the case management which will determine the judge’s behavior in the case, organizing it, arranging it, defining it in its early stages, leaving the case’s parties to defend their respective legal claims.
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