Novos paradigmas da Jurisdição:conceito, princípios, funções

Abstract

The study shows that the crisis of the state system of administration of justice cannot challenge the idea that procedural law in general, and jurisdiction in particular, must be theorized from the individual. Thus, the state must be built around the human being, who has logical and axiological precedence - the principle of human dignity is the protonorm of the Constitution - and is not a means for the satisfaction of public interests. Man, in other words, is the raison d'être - the basis and the end - of the state, of power, and of course of jurisdiction. Therefore, it is essential that the legal operator be aware of the root and anthropocentric screens of the jurisdiction. The great absent in the historical evolution of the jurisdiction debate is the man. This is because this concept has traveled in time and space linked to a stateist view of law. A worldview that, regrettably, has misappropriated the human being from the center position of legal and procedural considerations. It turns out that, in the current Rule of Law, it is essential to think of a hominum cause jurisdiction. The human being is not one, but the measure of jurisdiction. In a word, it is urgent to construct a procedural dogmatic of jurisdiction personalized. This is the need that motivated the research