Doutrina do devido processo legal substantivo na visão jurídica norte-americana

• Autor(a) principal: Corrêa, Elisa Medeiros
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6182
• topic: Princípios gerais do direito; Devido processo justo; Razoabilidade

This monographic research aims to analyze the system of the general doctrine of Substantive due process of law in American legal vision. In preparing the study, classified, as the collection of data, as a search of bibliographic nature, handled the deductive methods, exploratory and qualitative. Were collected information about the history of the principle of due process, determining the significant historic moments which influenced the principle as it is in continuity, we analyzed the main doctrinal pillars that support the principle in American courts and how much each weighs in decisions. Finally, the study was solely the doctrine of substantive due process, demonstrating theories and principles that transform the principle guarantor of all the rights of a U.S. citizen. It was concluded that the doctrine of Substantive due process of law is a body of ideas for the practical application of the principle, adopted so abundant in the U.S. Supreme Court, as well as being the most relevant source of grounds for its decisions, which promote constitutional update as the social, cultural and economic conditions require such reforms.