Uma análise constitucional do direito de ação no processo civil brasileiro

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The purpose of this theoretical research is to analyze the right of action in the Brazilian Civil Process according to the Federal Constitution. It presents the study of constitutionalism and concepts and functions of the constitutions from their origins up to the advent of the Democratic State of the Law. This research highlights the crisis that the State, the Law and the Juridical Science have gone through go mainly after World War II. It also analyzes the main doctrines related to the jurisdiction and the right of action. Proceduralism and substantialism are addressed in regard to their fundamental aspects as well as the existent dilemma between juridical positivism and jus-naturalism that has been taking place since ancient times. Based on the theories that encompass the ?third way?, this work attempts to show the importance of certain procedures for realizing values of constitutional principles that permeate the whole the juridical order. It is concluded that the Constitution has also a procedural law nature. The process is not only an instrument but also a dimension of law itself. The right of action as expressed in art. 5, Chapter XXXV of the Federal Constitution is eminently procedural and confers upon the Constitution the value of justice. It is a right to procedure established in accordance with the other constitutional principles and is translated into a concrete need to have these rights reconciled through the principle of proportionality.

ASSUNTO(S)

processo civil direito de ação civil procedure right of action

ACESSO AO ARTIGO

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