Reforma do código de processo civil: A busca pela razoável duração do processo, como direito fundamental, frente às garantias processuais
This paper aims to examine the project of the new Code of Civil Procedure, comparing the changes proposed in the application of the principle of reasonable duration of the process, confronting him with the basic constitutional guarantees of the process. Among the objectives of the proposed project o...
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Main Authors: | , |
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Format: | Article |
Language: | Portuguese |
Published: |
2011
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5120221 |
Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 7, Nº. 1, 2011 (Ejemplar dedicado a: Revista Brasileira de Direito), pags. 92-111 |
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Summary: |
This paper aims to examine the project of the new Code of
Civil Procedure, comparing the changes proposed in the application
of the principle of reasonable duration of the process, confronting
him with the basic constitutional guarantees of the process. Among
the objectives of the proposed project of the Code of Civil Procedure
is evident in the search for a “fine tuning” to the Federal Constitution,
simplification of forms, process optimization considered in itself
as well as give greater cohesion of the devices. Given these criteria,
the aim is to obtain an effective judicial remedy, resolving conflict and
undermining the respect for fundamental rights and in the shortest
time possible. Of course, the reasonable duration of a process to ensure
the effectiveness of the provision of judicial review – the search for
afair result – must respect and ensure due process and contradictory,
principles of constitutional procedure. In this context, there is some
changes and proposals contained in the new Draft Code of Civil Procedure,
analyzing them according to their contribution to achieving
a timely manner. It is noteworthy that this study did not intend to
exhaust the theme related to changes in the new Code, because even
based only on the original text submitted to a vote. |
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