Direito Intertemporal e o Processo Civil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

In this work, we deal with one of the stormiest legal matters that concem everybody involved in the practice of law: the occurrence of new legislation that are applicable to ongoing legal actions. Starting off from the principIes established by the General Theory of Law, we did a detailed study of the temporal dimension of the legal mIe that is related with the civil procedure, trying to determine legal basis for the correct application of the procedural mIes. Once settled the basis of Intertemporal Law, with the definition of present (mIes in force) and of past (acquired rights) seen though the perspective of the legal universe, we moved on to the study of the processo We searched for the foundations within the best doctrine available to summarlze a definition of process that is able to clarify how the legal relations are displayed within the scope of the process, making it possible to investigate which mIes of law should be applied in each one of these relations. After the theoretical analysis, we analised a few case law, so that the conclusions achieved by this work should apply to real cases that wiIl be taken to trial by the Courts

ASSUNTO(S)

leis -- retroatividade -- brasil direito direitos adquiridos -- brasil processo civil -- brasil norma juridica -- brasil incidencia de novas normas em processos

ACESSO AO ARTIGO

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