A maleabilidade da tramitação processual à luz do princípio da adequação formal

• Autor(a) principal: Gomes, Mariana Rodrigues
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/97552
• topic: Juízo Central Cível de Lisboa; Princípio da adequação formal; Dever de gestão processual; Alteração da tramitação processual; Central Civil Court of Lisbon; Principle of formal adequacy; Duty of procedural management; Alteration of the procedural procedure; Direito

This report is part of the curricular internship carried out with Judge 15 - Central Civil Court of the Lisbon District Court. With a five-month duration, the internship aimed to enable the intern to monitor the court activities on a daily basis deepening various legal issues namely, issues of civil procedural law. It was due to this direct contact with different proceedings and from the analysis of their procedural protocol that we questioned the extension of the principle of formal adequacy and the manifestations that it could legitimize. Thus, in addition to a brief overview of the institution and the internship, this report proposes to contribute to the doctrinal construction of the principle of formal adequacy, as a basic principle of our civil procedure. Given that a correct and complete analysis of the principle of formal adequacy in the light of the current CPC undoubtedly lacks densification in preceding legislation, the analysis of this principle will be first carried out considering the revision of the CPC operated through DL n. 329-A / 95, of December 12 and in the RPCE. Having set this preliminary framework, the principle of formal adequacy will be characterized under the terms of the current art. 547 of the CPC. Its implementation in view of the duty of procedural management, the role of judge resulting from this principle, the ability to appeal from orders issued under the same, as well as its requirements and limits will be addressed throughout this study. Finally, epitomizing the central issue which we intend to analyse in this report and appeal from orders issued under the same, as well as its requirements and limits will be addressed throughout this study. Finally, epitomizing the central issue which we intend to analyse in this report and interconnecting directly with the cases observed in the court, several embodiments of the principle of formal adequacy will be pointed out with particular focus on the possibility of changing the procedural protocol. Accordingly, this analysis intends to demonstrate the extent and the countless possibilities of applying the principle of formal adequacy, specifically in the malleability of the procedural protocol in accordance with the specificities of a given process. The advantages and the contribution of these changes will be equally mentioned, in order to add to the new procedural system outlined by the legislator, a system based on simplification, organization, flexibility, adequacy and effectiveness.