PROCEDURAL NULLITIES AND THEIR CONSTITUTIONAL ADEQUACY IN THE NEW CIVIL PROCEDURE CODE

Revista Eletrônica de Direito Processual

Débora Carvalho Fioratto¹ 

[1] PUC Minas;

关键词: procedural nullities;    liberalism of procedural law;    socialization of procedural law;    democratic rule-of-law state;    constitutional model of process;    new civil procedure code;   

DOI  :  https://doi.org/10.12957/redp.2016.26602

来源: DOAJ

【 摘 要 】

This essay focuses on procedural nullities in the new Civil Procedural Code and their suitability in the democratic rule-of-law state. The 1988 Constitution of the Federative Republic of Brazil, has brought contextual changes, and thus demanded a review of procedural nullities and the process itself aiming at constitutionally adequate interpretation. Instead of being either a double-dealing instrument inherent to the liberalism of procedural law or a judge´s correction instrument given in the socialization of procedural law, the nullities are now deemed as a form of control of the procedural acts, their regularity and conformity with the constitutional model of process, as one can interpret drawing on a joint approach to Habermas’ theory, Fazzalari’s theory and the Constitutionalist theory.

【 授权许可】

Unknown