Neoprocessualismo: entre efetividade e segurança jurídica

• Autor(a) principal: Bressan, Gabriel Barreira
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23819
• topic: Neoprocessualismo; Neoconstitucionalismo; Formalismo-valorativo; Efetividade; Segurança Jurídica; Novo Código de Processo Civil; Neoprocessualism; Neoconstitutionalism; Formalism-evaluative; Effectiveness; Legal Safety; New Code of Civil Procedure; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This paper discusses the changes highlighted in the New Civil Code project in your text , however, before entering in specific situations was seeking what had changed , so that a new procedural law was necessary. Plan, the first response was found to promulgation of the Federal Constitution of 1988, which brought profound sociological, philosophical and theoretical amendments to the Constitutional Law, allowing for a period called neoconstitutionalism. Due to neoconstitutionalism and its change of historical, philosophical and theoretical framework, the modification of the feature of the process, which also happened to be new, because it was guided by the Constitution, because of the constitutionalization process as well as the obligation to have occurred effect of the centrality of the constitutional text, ie to ensure the fundamental rights. Thus, this period became known as neoprocessualismo, at what stage would have appeared different methodological step of procedural law , known as formalism - evaluative , because the process beyond the way that safeguards the legal certainty is represented by values. In this intellection , it is for the magistrate to decide the deal fairly , arriving at a fair , qualified results , through a procedure that is fair, with effectiveness , ie , within a reasonable time , however, with respect to all guarantees established instrumental in the constitution , this is in regard to legal certainty.