THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC

• Main Author: Emerson Ademir Borges de Oliveira
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2017-08-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: New Code of Civil Procedure; Liberal ideology; Material equality; Instruments of effectiveness; Paradigm
• Online Access: http://www.e-publicacoes.uerj.br/index.php/redp/article/view/28891/20994

The understanding of a civil process with a constitutional bias runs through the criticism of the ideological foundations that directed the same within the Liberal State and that stand as obstacles to a paradigm shift and positioning about new institutes that seek to give effectiveness and celerity to the process, in the molds of our Contemporary State. Today we see that the process that stigmatizes and agonizes its actors does not do so simply by legal predictions, but by the fear and by the preposterous positions that impede the evolution of the mentality of the judicial operators. So what we are seeing and questioning is whether the new institutes of the Code of Civil Procedure will suffice for a dogmatic change or the best of laws will be insufficient in the face of the recalcitrance of the agents. The method of work is deductive and the research is eminently bibliographical.