Name: DIEGO CREVELIN DE SOUSA
Publication date: 01/07/2020
Advisor:
Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Advisor * |
| TÁREK MOYSES MOUSSALLEM | Internal Examiner * |
Summary: This research aims to study the division of tasks between the parties and the
judge based on the adversarial structural dimension, that is, considering
this as the criterion to be observed when assigning functions to those
procedural subjects. It investigates the liberal theory of fundamental rights
and demonstrates the bases of procedural garantismo, accepted here, as a
right of defense or resistance. It highlights the content and structure of
the adversary, with the help of the idea of legal relationship in order to
provide criteria for demarcating the roles of the parties and the judge. It
describes the social function of the civil procedure and correlates in its
ways of approaching the work division with the claim of promoting procedural
equality by the judge and criticizes their manifestations of the instructive
powers, the ope iudicis procedural adaptation and the opening of legal
arguments to meta-legal elements for promoting inter-powers and
intra-procedural functional shuffling. It proposes a functionally balanced
division between the parties and the judge, suggesting readings on legal
issues that can be brought to the file by the judge, the production of
official evidence and free interrogatio.
KEY-WORDS: Process as Resistance Guarantee. Contradictory. Structural
Dimension. Functional Work Division between parties and judge.
