Personalidade jurídica e personalidade judiciária: uma análise da capacidade processual dos órgãos públicos

Abstract

This paper analyzes the distinction between legal personality and judicial personality in Brazilian law, focusing on the procedural capacity of public entities. The central issue is the possibility of the Judiciary being a party in the process, based on the differentiation between these concepts. The hypothesis is that the Judiciary can be a party in certain situations, impacting the effectiveness of judicial actions. The methodology is qualitative, based on bibliographic review and analysis of case law. Legal personality and judicial personality have distinct functions, with the latter allowing public entities to defend their rights in court. Cases such as Summary 525 of the STJ and ADI 5025 of the STF show progress in case law. The research concludes that, although distinct, both personalities are essential for the participation of public entities in judicial processes, with the Judiciary being able to be a party in certain situations.