Proceeding flexibility: a new way to study procedural proceeding. / Flexibilidade procedimental: um novo enfoque para o estudo do procedimento em matéria processual

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

It is clear that proceeding models must adapt to reality of the cases. However, little has been contributed by the academic plan so proper utilization of these proceedings can be effectively utilized rigorously, even if contrary to the civil process law. Herein, this dissertation elicits the interest for "proceeding" studies, focusing on the necessity for attending individual demands particularly analyzed. Starting with a decentralized standpoint from the regular process source, with re-lecture of the concurrent competence of States and the Union for legislating over the proceedings, flexibility of the proceedings rules is admitted under the "normative plan", adapting the process according to local necessities. After realizing that the legal pathway is insufficient, a theory is built regarding the procedural flexibility, their conditions (goal, useful-contradictory, and fundament), and their compatibility with predictability and security of the system, likewise with the proper legal process. Finally, after a brief mention regarding the others systems, it is indicated practical cases of "ritual-variation": a) generical and legal authorization; b) alternative and legal authorization, c) judicial flexibility e d) voluntary flexibility.

ASSUNTO(S)

ritual variation material rights processo civil ato processual federalismo jurisdição contenciosa contraditório audiência preliminar proceedings concurrent competence adaptation flexibility competência legislativa formas de estado procedimento ordinário

ACESSO AO ARTIGO

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