O conteúdo do duplo grau de jurisdição na realidade da justiça civil brasileira

Abstract

This paper aims to analyze the institute of the double degree of jurisdiction, most recognized as a fundamental guarantee of the criminal process and infraconstitutional principle for civil procedure, from three different perspectives. The first of these perspectives is a study of the national doctrine on the subject, in order to verify its contours, its limitations and the controversies that concern the subject. The second involves a jurisprudential research on the decisions of the supranational courts of human rights, precisely the European Court of Human Rights and the Inter-American Court of Human Rights, in order to comprehend how the double degree of jurisdiction is understood at the international level, and what possible applications of such an understanding in criminal proceedings can be extended to civil proceedings. The third is an attempt to observe the configuration of the double degree of jurisdiction in civil procedural law under the aegis of the Code of Civil Procedure of 2015, considering the innovations brought by the legislation in favor of simplification and speed of procedures. Each of these considerations is important in order to build, in the end, the concept, scope and content of the double degree of jurisdiction in Brazilian civil justice, as well as its relevance to the quality of the judicial service, as well as to the exercise of democracy, placing it within the framework of Brazilian procedural law.