Técnica processual e tutela jurisdicional: a instrumentalidade substancial das formas

• Autor(a) principal: Hertel, Daniel Roberto
• Data de Publicação: 2004
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/38
• topic: Tutela jurisdicional; Processo civil; Nulidade no processo civil; Direito

This research treats of the substantial instrumental in the ways, that is to say, of the possibility of application of the principle of the instrumental in the ways to the conditions of the action and to the procedural presuppositions. This research treats, firstly, the dogmatic evolution of the procedural right, highlighting the phase mixed, the autonomist and the instrumental. Soon later, treats the perspectives and the contemporary rules of the procedural right, making incursions in the objectives of the jurisdiction and in the relativization of the binomial right and process. Aproach, equally, the several concepts of the doctrine of the protection jurisdictional, containing them in classes and adduces, still, concept aligned to the perspectives and to the contemporary guidelines of the procedural right, leaning on in the restriction from that concept to the plane of the material right. Treats of the artificial technique and, mainly, of the procedural technique as an experienced instrument to the construction of mechanisms that guides to the protection jurisdicional. It highlights, in that context, the substantial instrumental in the ways like an elaborated mechanism the outburst of the procedural and capable technique when obtaining the protection jurisdictional. It tries, soon later, a lot of the substantial instrumental in the ways and separates it of other beginnings and institutes, explaining, equally, his applicability. Treats the general theory of the procedural nullities, differentiating the nullities of bottom and form, highlighting the possibility of application of the principle instrumental in the ways to those species of nullities. Conclued, at the end, highlighting the necessity of use the principle of substantial instrumental in the ways like a means to obtain the protection jurisdicional.