A [in]compatibilidade do processo civil brasileiro com o Estado Democrático de Direito

Abstract

The civil case went through different understandings over time , since the ancient Roman process and forward to the changes that occurred in the state in its role and social liberal guise. Indeed , in a democratic state , unlike other paradigms have experienced the civil procedural law is beside the essential participation of the people in the setting and enforcement of fundamental rights , have a concern with the Constitution and with the satisfaction of the rights stated therein . Thus , the present study possessed two main approaches : The first was the demonstration of the civil procedural system crisis and the problems faced by society in tackling chores . The second was a result of the first , in that it analyzes the design of the new CPC and the need arises to determine optimal process model for the democratic rule of law . In this context , the problem arises of how far the wishes of the Draft CPC and its pillars , hitherto presented are compatible with the current paradigm.