A fase pré-processual: o ônus de preparação da demanda e os filtros legítimos à propositura de ações judiciais

Abstract

This study examines the importance of the pre-trial stage, between the time when the conflict of interest arises in the society and one in which the civil action is triggered. A comparative law institutes study was conducted, to instill the notion of high utility of the regulation of pre-procedural conduct of the parties and lawyers - as the pre-action protocols and disclousure of English law and American law similar to this, the discovery to evidence that the adequate demand preparation is that an overrun of filters to bringing legitimate actions. There are previous procedures, preparatory to the lawsuit in the current law, which pass almost unnoticed from the traditional doctrine. The determination of the existence of legitimate filters to the filing induces the conclusion that indeed there is a legal burden of preparing the application in the pre-procedural stage which affects access to justice access to justice understood from the perspective of effective legal protection, which is the result of a procedure fraught with guarantees beyond this omission cause adverse consequences for the party, ranging from delays in the adjudication to the impracticability of a decision. The magistrate must analyse the overcoming these filters or not by the party that is offering the demand, checking whether it is admissible or not, and if the process can be formed and grow properly: this is the judging of the admissibility which examines the party s pre-procedural conduct and if legal burden of preparing the application in the pre-procedural stage was accomplished.