Legitimação democrática, influência, boa-fé e cooperação: as quatro dimensões do contraditório participativo e a decorrente vedação de decisões-surpresa

Abstract

This paper focus on the influence of the neo-constitutionalism theory over the access to Justice and the right to be heard in court, from which derives the comprehension of such right as not only a formal guaranty, as stated in Latin term audiatur et altera pars, but also as the right to effectively participate in the legal proceeding. Therefore, shall be extracted from such right four well-defined dimensions: instrument of democratic legitimacy, influence, good faith and cooperation, all of which converge to the prohibition against surprise decisions, that comprehends any decision based on questions not submitted to parties’ debate in the legal proceeding.