Os fatos aproveitáveis e a otimização do processo civil

Abstract

A comprehensive constitutionalization, access to the law, although incipient in Brazil, the dynamism of a mass society and the almost instantaneous flow of information and ideas and put has put into question the state as provider of basic rights and, among them, the access to justice and related judicial function. Authorized doctrinal magisterium glimpsed, as will be seen, presenting the Brazilian system, regarding the stabilization of the procedure, in particular, more disadvantages than advantages. Glimpsed is thus an opportunity for a revisitation of the procedural system, taking advantage of the existing legislation and ideas in a more profitable and in order to give up everything and exactly what is sought by the process, in short, more likely to pacification. Thus, the purpose of this dissertation is to study the use of procedural legal relationship, as to the facts therein deductible and are known or arising in the course of the process as a means, then, a due process, a humanized process and as the demands of today's society. The research focuses on legislation, doctrine and jurisprudence Brazilian, relying, instead, with simple examination of similar orders. In parallel, we study the principles that support the theme, notably the adversarial principle, which is qualified by the broad participation of the subjects of the crisis of substantive law. The paper demonstrates, finally, that the proposal is feasible in the context of a procedural law in tune with the constitutional dictates.