Book launch at IDS booth

Book launch at IDS booth

On August 21, Marcelo Mazzola, a board member of the Dannemann Siemsen Institute (IDS), launched the book “Silence of the Judge in Civil Procedure (Inertia, omission stricto sensu and non-observance) and its mechanisms of challenge”. The launch took place at the IDS stand during ABPI’s 43rd International Intellectual Property Congress.

The book, developed as a result of the author’s post-doctoral research at UERJ, was prefaced by STJ Justice Nancy Andrighi and features presentations by Professor Fredie Didier Jr. and Judge Alexandre Câmara. The afterword is signed by Judge Humberto Dalla.

In the book, Marcelo Mazzola lists some of the judge’s acts of omission, which comprise what the author calls “the judge’s silence”, a genus of which inertia (not acting, not doing), omission in the strict sense (not giving reasons, not assessing) and non-observance (not observing cogent procedural rules linked to the procedure) are species. The book also addresses the mechanisms for challenging the “silence of the judge”.

According to the author, “the motivation for the research was the perception that there was a gap in doctrine and jurisprudence in relation to judicial acts of omission, which are usually treated generically as omission”. According to the author, “it was also necessary to identify the mechanisms for controlling and challenging this judicial silence”.

The great challenge of the research, reveals Mazzola, was “to find specific bibliography on the subject, since the topic had not been explored in this way until then”. However, the author points out that he had the opportunity to talk to fellow jurists, such as Judges Alexandre Câmara and Humberto Dalla, and Professors Fredie Didier Jr. and Gustavo Osna, who made valuable contributions to improving the work.

Mazzola hopes that his work will help to identify situations in which judicial silence is legally relevant (after all, as the author explains, the judge’s silence is not always objectionable), helping lawyers to define the appropriate means of challenge.

The book can be purchased via the link: https://www.editorajuspodivm.com.br/silencio-do-juiz-no-processo-civil-inercia-omissao-stricto-sensu-e-inobservancia-e-seus-mecanismos-de-impugnacao-2023

Note: For quick release and cost control, this English version is provided by automated translation without human review.