Novas regras vocacionadas para atribuir maior celeridade e efetividade ao processo civil

Abstract

The essay seeks to identify the problems caused by systematic of multiple appeals and finds ways to adjust speed of the procedure with the huge increase in the number of lawsuits filed, many of them with the same law discussion. The essay starts from the characteristics and principles of contemporary civil procedure, with what will evidence that the disciplinary doctrinal dialogue, between the procedural law, constitutional and the substantive law, is crucial for better interpretation of the letter of our law. The law was not designed to focus on the current systematic procedure, which seeks to emphasize the instrumentality principle, the effectiveness and speed of the procedure, for the purpose of offering legal judicial protection properly. It will also be discussed the right of action, the fundamental right to effective judicial protections under the civil and constitutional procedural law. It is mentioned that governmental entities, are directly or indirectly, part of the absolute majority of multiple appeals. The lawsuits involving Public Treasure affect the speed of the procedure and this delay can be interested to the public entities because they have more time to make the payments and grant benefits. It is mentioned, specifically, of speed of procedure. As the decrease of the lawsuits in progress not shown possible, is needed that the scarce resources are optimized in order to utilize in the best way the available judiciary structure, aimed faster and more efficient judicial assistance. The precedents should be valued, because only with the predictability of uniform judgments, that respects legal certainty, the work of the judiciary can be more efficient. Furthermore, the essay covers the new law suit techniques in order to obtain the desired promptness in multiple appeals. It goes through legislative news, example Article 285 of the Civil Procedure Code and the trial sample, in the light of the new Civil Procedure Code, which briefly believed to come into effect. Finally, after a review of jurisprudence and ideas developed by scholars, the conclusion is that is need a special treatment for multiple appeals to avoid hampering the process as a whole, clarifying that the law we already have - and we had before the New Civil Procedure Code, rather than innovate, chose to clarify the interpretation to be given to the already existing law