O devido processo legal na jurisdiÃÃo civil

AUTOR(ES)

Ãngelo AurÃlio GonÃalves Pariz

DATA DE PUBLICAÇÃO

2002

RESUMO

The clause of due process of law, depite its amplitude and complexity, was studied with the aim of contributing to its understanding, taking into account two basic premises: a) due process of law as a constitutional right of the citizen and its bond with the justice ideal; b) panoramic vision of the derivation of due process of law, with emphasis on the civil process. The objective of the paper was to demonstrate that the clause of due process of law is a basic guarantee of the citizen to the justice ideal. The thesis is based on the analysis of the historical origin of the clause of due process as well as the reading of the constitutions of some countries and the legal, doctrinal and precedent approaches regarding the subject, especially concerning the basic principles and rights as well as the citizenship and justice derived from the due process of law. Almost all the procedural principles, incorporating a set of basic guarantees destined to assure the amplest and most basic rights of the citizen. In a simple way, this paper summerises the aplications of due process in the procedures and decisions of Justice. Beyond the traditional procedural vision, the clause was extended to cover a substantial meaning, inhibiting the abuse and, as a consequence, the injustice. In fact, the due process of law exerts an essential function for the concretion of justice, sometimes even confusing itself with it (fair principles). It is the principle of principles. It is not enough to assure the access to Courts and the right to process. It demands regularity of the right by the verification of all guarantees to the consumer of justice, to an accessible cost and within a fair time, for the achievement of the objective reserved to it. It still distinguishes itself the equitable process (fair), proportionated by the equality in demand and justice in decision, which is called principle of the prohibition of the excess (proportionality), true guarantee of justice and inhibitor of abuses. Therefore, to fight for justice is to respect and give effective fulfilment to the due process of law, as much as in its procedural aspect, regarding the inherent guarantees to the process, and in the substantial one, inhibiting any abuse. As a result of the origin and nature of the due process of law, there is certainty that the citizen will have a plain and efficient access to a useful and fair legal order

ASSUNTO(S)

direito constitucional do cidadÃoe derivaÃÃo do processo legal com Ãnfase no processo civil - premissas direito civil devido rocesso legal - maior compreensÃo devido rocesso legal

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