DUPLO GRAU DE JURISDIÇÃO NO DIREITO PROCESSUAL CIVIL BRASILEIRO: EM BUSCA DA HARMONIA COM OS PRINCÍPIOS DA EFETIVIDADE E DA CELERIDADE PROCESSUAL

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The Brazilian civil process lives a phase of constant criticism, by virtue of the adoption of a system that does not correspond anymore to the expectations of the people who are under jurisdiction. In search of solutions, the legislators have been editing countless laws with the intention of promoting the instrumentality and the velocity of the judicial procedures. The civil appeal institute, for its including range of species of resources and pertinence hypotheses is pointed as one of the main causes of the slowness of the Justice. In this optics, the double jurisdiction degree is revealed as a theme of controverted discussions. Tendencies that look for their minimization or even their suppression come to surface at every moment, generating debates concerning being or not guaranteed constitutionally. Verified, however, to be the double degree a juridical principal and not a warranty, that, in the current optics of the fundamental rights, lost its absolutivity condition, nothing impedes that the legislative alterations find hypotheses for their mitigation. In this field, the search of situations to make relative the application of the double degree should be ruled by the conciliation with the principles of velocity and of effectiveness. The current face of the procedural system is looking for the harmonization among the several principles, so, in spite of the double jurisdiction degree to be a necessary principle to the juridical system, it should always be analyzed beside the other values and warranties foreseen constitutionally.

ASSUNTO(S)

civil process harmonization princípios da efetividade e da celeridade principles velocity and effectiveness harmonização processo civil princípio do duplo grau de jurisdição principle double jurisdiction degree processo civil direito

ACESSO AO ARTIGO

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