{"product_id":"9783032320049","title":"Principle of Party Initiative","description":"\u003ch1\u003ePrinciple of Party Initiative\u003c\/h1\u003e\u003ch3\u003eSergio Cruz Arenhart\u003c\/h3\u003e\u003cdiv\u003e\u003cb\u003eLaw \/ Civil Procedure\u003c\/b\u003e\u003c\/div\u003e\u003cbr\u003e\u003cdiv\u003e\n\u003cp\u003eThis book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure—rooted in 18th- and 19th-century private law—continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.\u003c\/p\u003e\r\n\u003cp\u003eThrough the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.\u003c\/p\u003e\r\n\u003cp\u003eThe book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality—understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.\u003c\/p\u003e\r\n\u003cp\u003eThis approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions—declaratory, constitutive, condemnatory, mandamental, and executive—highlighting their historical evolution and practical limitations. It challenges the rigidity of these categories, especially in contexts such as third-party embargoes and fraud against creditors, where procedural formalism can hinder effective legal protection. The discussion extends to the controversial admissibility of declaratory actions on facts, advocating for a more pragmatic and flexible interpretation that aligns with the realities of legal uncertainty and the need for judicial affirmation of rights and obligations.\u003c\/p\u003e\r\n\u003cp\u003eThis work offers a renewed theoretical and practical framework for understanding the boundaries of judicial action. By integrating the principles of proportionality and adequate representation into the heart of procedural reasoning, it seeks to reconcile the individualistic origins of civil procedure with the demands of a complex, pluralistic, and constitutionally committed legal order.\u003c\/p\u003e\n\u003c\/div\u003e\u003cdiv\u003e\u003cp\u003eSérgio Cruz Arenhart holds a Master’s and a Ph.D. in Law from the Federal University of Paraná (UFPR), and completed a postdoctoral fellowship in Law at the Università degli Studi di Firenze. He is a Full Professor in both undergraduate and graduate law programs at UFPR and has served as a Visiting Professor at the University of Zagreb and other European universities. He is currently a Regional Prosecutor of the Republic and formerly served as a Federal Judge. He is the author of more than twenty books published in Brazil and abroad, including A tutela coletiva de interesses individuais, Comentários ao Código de Processo Civil, Curso de Processo Civil, Código de Processo Civil Comentado, and Prova e convicção, all published by RT. His book Comentários ao Código de Processo Civil was awarded the Jabuti Prize in 2017.\u003c\/p\u003e\u003c\/div\u003e\u003cbr\u003e\u003ctable\u003e\n\u003ctr\u003e\n\u003ctd\u003ePublication Date: \u003c\/td\u003e\n\u003ctd\u003e01 December 2026\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003ePublisher: \u003c\/td\u003e\n\u003ctd\u003eSpringer Nature Switzerland\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003eImprint: \u003c\/td\u003e\n\u003ctd\u003eSpringer\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003eISBN-13: \u003c\/td\u003e\n\u003ctd\u003e9783032320049\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003ctr\u003e\n\u003ctd\u003eFormat: \u003c\/td\u003e\n\u003ctd\u003eHardback\u003c\/td\u003e\n\u003c\/tr\u003e\n\u003c\/table\u003e","brand":"Springer Nature Switzerland","offers":[{"title":"Default Title","offer_id":50462404542604,"sku":"9783032320049","price":143.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0710\/9545\/1788\/files\/9783032320049.jpg?v=1780616861","url":"https:\/\/lateknightbooks.com\/products\/9783032320049","provider":"Late Knight Books and Services, LLC","version":"1.0","type":"link"}