IDEOLOGIES AND PROCEEDING

• Main Author: Roberto Omar Berizonce
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2017-08-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: ideologies; process; evidentiary law; alternative methods of dispute resolution; procedural conventions; execution; principle of cooperation; class actions
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/30029/21011

The author analyzes the influence and practical consequences that privatist and publicist ideology have had: in the scopes of the civil process, in the roles of the judge and the parties, in the structure of the procedure, in the regulation of the evidentiary system, in alternative methods of dispute resolution, procedural conventions, execution of judgment and class actions. It then describes how the cooperative process model adopted for instance by the Brazilian CPC of 2015, characterized by the equality of the procedural subjects and the participatory contradictory, seeks to overcome the privatist model, characterized by the dispositive principle, as well as the publicist model, qualified by the principle of official enforcement. It emphasizes the importance, in the systems of collective process, of a constant judicial control of the legitimacy and adequate representation of those who act in the name of the collectivities so that the due process of the members of these groups that did not participate in the process is respected. In the case of the incident of resolution of repetitive demands and repetitive appeals, it presents the call to the process of those legitimized for the defense of homogeneous individual rights, including the Public Prosecutor's Office, as a way of managing the problem of the lack of representativeness and of respecting due process. Finally, he argues that civil proceedings must be considered in the perspective of fundamental rights, as an adequate, effective and efficient instrument to protect supreme values.