O objeto de estudo desta dissertação recai sobre as funções jurisdicionais do Superior Tribunal de Justiça no Estado Democrático de Direito, visando verificar uma possível mudança na sua compreensão, atividades e competências, desde a sua criação pela Constituição de 1988 até os dias atuais e seu papel no desenvolvimento do Direito. Para tanto, pautado nas mudanças ocorridas na passagem do modelo de Estado Legislativo Liberal para o Estado Democrático de Direito, estuda-se a evolução do papel Judiciário e suas funções como prestador de serviços e poder do Estado. Nesse sentido, a fim de verificar os modelos de Corte que serviram de matriz para a organização do Poder Judiciário no ocidente, as diferenças de suas funções e os sistemas em que se encontram inseridas, o presente trabalho destaca a estrutura e competências da Corte de Cassação Francesa, seus reflexos na Europa continental, e o papel desempenhado pela Suprema Corte estadunidense, clássico exemplo de Corte de Precedentes. Assim, a partir de modelos distintos de Corte, esta dissertação faz a análise da formação e estruturação do Judiciário nas Constituições brasileiras, para poder analisar, o momento de criação, as funções, prerrogativas e competências do Superior Tribunal de Justiça e a potencial mudança na sua compreensão frente às alterações legislativas e constitucionais ocorridas desde 1988, notadamente da criação de um sistema de precedentes pelo Novo Código de Processo Civil. Por fim, o trabalho se dedica a análise de alguns julgados proferidos pelo STJ, que possam exemplificar a atuação da Corte no Estado Democrático de Direito, agindo esta como órgão apto a promover, ao lado do Poder Legislativo, o desenvolvimento do Direito em harmonia com as evoluções sociais. / The object study of this dissertation relapses about the Superior Court of Justice jurisdictional functions on the Democratic State of Law, aiming to verify a possible change on its comprehension, activities and competences, since its creation by the 1988 Constitution until the current days and its role on the law development. Therefore, guided on the changes made on the passage from the Liberal Legislative State to the Democratic State of Law, is studied the evolution on the Judiciary role and its functions as service provider and State power. In this way, in order to verify the Court models that served as pattern to the organization on the Judiciary on the west, the differences on its functions and the systems that are included on it, the present paper point out the structure and the competences of the French Court of Cassation, its reflexes on the continental Europe, and the role played by the American Supreme Court, a classical Precedent Court example. Thus, from the distinct Court models, this dissertation makes analyses on the formation and organization of the Judiciary on the Brazilian Constitutions, in order to analyze, the creation moment, the functions, prerogatives and competences of the Superior Court of Justice and the possible change on its comprehension in front of the legislatives and constitutionals changes happened since 1988, notably from the creation of a precedents system by the New Procedural Civil Code. Finally, the paper apply to analyze of some judgments given by the Superior Court of Justice, that can exemplify the action of the Court on the Democratic State of Law, acting as a public agency capable to promote, next to the Legislative, the development of the law in harmony with the social evolutions.

A tese tem por objeto central a proposta de novas modalidades de antecipação da tutela sem o requisito da urgência. No primeiro capítulo é examinado o conceito de tutela jurisdicional diferenciada, em comparação com a antecipação da tutela. O segundo capítulo cuida da análise das principais técnicas de sumarização do procedimento, para concluir que as principais técnicas nessa seara são informadas por precedentes ou súmulas. O terceiro capítulo aborda o panorama atual da antecipação da tutela e sua comparação com a tutela cautelar, ambas concebidas como medidas pautadas pela sumarização da cognição. O quarto capítulo contém a abordagem das principais técnicas de sumarização da cognição que prescindem do elemento urgência, para concluir que tais técnicas são úteis para tutelar determinado direito material, porém não se adequam como novas modalidades de antecipação da tutela sem o requisito da urgência. No quinto capítulo são definidos os principais fundamentos da antecipação da tutela sem o requisito da urgência. O capítulo sexto desenvolve premissas voltadas a acomodar a possibilidade de antecipação da tutela fundada em precedente ou súmula, partindo da importância de valorizar e uniformizar a aplicação de precedentes. A manutenção de uniformidade de entendimentos sobre a mesma matéria proporciona segurança jurídica, previsibilidade, isonomia e estabilidade ao sistema. Mediante o confronto de técnicas de sumarização do procedimento já existentes e adoção de critério de racionalização de precedentes, é proposta a antecipação da tutela fundada em precedente ou súmula. O capítulo sétimo discorre sobre a cognição sumária exercida quando do exame da antecipação da tutela fundada em precedente ou súmula, devendo os elementos identificadores ser confrontados, ao comparar a súmula ou precedente com o caso concreto, a fim de conceder ou não a antecipação. No capítulo oitavo é comentada a Proposta de Novo CPC, em comparação com as propostas desta tese. / This thesis main objective is to propose new modalities of provisional remedy without urgency requirement. The first chapter examines the concept of differentiated court order, compared to provisional remedy. The second chapter deals with the analysis of the main procedure summarizing techniques, in order to conclude that the main techniques related to this subject are informed by precedents or summulas. The third chapter approaches the overview of the provisional remedy and its comparison with the injunction, both conceived as cognition summarization means. The fourth chapter presents an approach of the main cognition summarization techniques that ignore the urgency element, to conclude that such techniques are useful to protect certain substantive right, but not suitable as new modalities of provisional remedy without urgency requirement. In the fifth chapter are defined the main foundations of provisional remedy without urgency requirement. The sixth chapter develops assumptions to accommodate the possibility of provisional remedy based on precedent or summula, from the value and importance of uniform application of precedent. Maintaining uniformity of understanding on the same subject provides legal certainty, predictability, equality and stability to the system. Upon confrontation of existing summarization techniques and adoption of criteria for precedents rationalization, it is proposed the provisional remedy based on precedent or summula. The seventh chapter discusses the summary cognition exercised when considering the provisional remedy based on precedent or summula, where the designation elements must be confronted by comparing the summula or precedent to the case, in order to grant or not the anticipation. In the eighth chapter is commented the Proposed New CPC, compared with the proposals of this thesis.

Magister Legum - LLM / The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011. South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6 million.1The original state of Sudan was intensely divided along ethnic, religious and ideological lines. The general population of the Republic of Sudan is mainly Sunni Muslim whereas the South Sudanese are mostly Christian, with small populations that still practice African indigenous religions.2While the Republic of Sudan is predominantly Arabic-speaking, English and over sixty local languages are spoken in South Sudan.3 The new Republic of South Sudan was born after one of the longest and most ruthless wars fought in Africa. The war between the government of Sudan and the Southerners had its roots in 1955 as resistance to “Sudanisation” began in the run-up to Sudanese independence. Provincial administration4favouring the better-educated northerners over southerners and further conflict fuelled by "Islamisation" strategies and the inability to actualise a government framework that would ensure self-governance for the South led to a protracted civil war between the north and south.5 The Addis Ababa Agreement that ended the first civil war in 1972 did not resolve political pressures and when Sharia law was introduced in 1983, it reignited the north-south conflict.6 The Second Sudanese Civil War ended with the signing of the Comprehensive Peace Agreement (CPA) in January 2005. The CPA ended a period of constant war between 1955 and 2005 barring an eleven-year truce that isolates two savage stages.7

<p>The European Court of Justice, the ECJ, has the governing function in the Union as a guardian of law and justice. Even today, with a Union of 15 memberstates, statistics show that the ECJ and the Court of First Instance have increasing difficulties in fulfilling their tasks. This situation is chiefly a cause of an increasing number of cases raised. Due to this, profound changes have to be made in order to preserve common lawagreements in a future expansion of the Union. The purpose of this paper is to exam which changes the Courts have to make in order to meet an increased amount of cases that an enlarged Union would mean.</p>

<p>The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.</p>

The European Court of Justice, the ECJ, has the governing function in the Union as a guardian of law and justice. Even today, with a Union of 15 memberstates, statistics show that the ECJ and the Court of First Instance have increasing difficulties in fulfilling their tasks. This situation is chiefly a cause of an increasing number of cases raised. Due to this, profound changes have to be made in order to preserve common lawagreements in a future expansion of the Union. The purpose of this paper is to exam which changes the Courts have to make in order to meet an increased amount of cases that an enlarged Union would mean.

This paper comparatively compares compliance to the rulings of the United States Supreme Court and the ECJ by the state/member state courts. Besides comparing the compliance to the two courts judgements, the paper also tries to establish how to increase compliance with these rulings in the future. This is done because compliance is an important aspect of a functioning judicial system, and a comparison might reveal solutions from one side that could be utilized on the other. The main resources used in this book are: articles, books, webpages and statistics on the subject. The main focus lies on the legal approach, but as a comparative study, elements of political science have been used as well. The results of the comparison show that although statistical compliance is quite high, the actual compliance might be lower due to lack of knowledge or political divisions. Increasing the actual compliance is then a good strategy to be sure that lower courts follow the rulings correctly. The conclusion of this paper is that political and policy divisions in a country, or between an organization and its members results in non- compliance. Reducing this kind of friction will help increase compliance to decisions, not only statistically but also in practice, as the lower courts will feel more comfortable with the rulings. An increase of knowledge of the subject, and the development of efficient judicial mechanisms in a state will also help assure correct interpretation of the rulings.

The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.

This research aims to analyze the relationship between non-governmental organizations (NGOs) and the establishment of the International Criminal Court (ICC). To understand the making of the ICC and the role of NGOs in its making is the intention behind this research project. It is for this reason that this thesis begins with a detailed examination of the emerging roles of NGOs in international relations. Subsequently, the background of ICC’s making is mentioned. It is divided into two parts, including participation of states and participation of NGOs. Regarding participation of NGOs in the making of the ICC, NGO Coalition for the ICC (CICC) plays a crucial role in this campaign. In summary, the lessons learned from CICC can be concluded as follows: - setting and controlling the international political agenda - gathering and analyzing information quickly - using the media as a means of dissemination - increasing communications with States - coordinating information and strategy - reducing coalition-building costs - monitoring and implementing international law The creation of the ICC can be seen as a multilateral mechanism for concerted international human security efforts. If we can apply the lessons that CICC have learned, then many more successful campaigns will be expected soon.

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