THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC

The understanding of a civil process with a constitutional bias runs through the criticism of the ideological foundations that directed the same within the Liberal State and that stand as obstacles to a paradigm shift and positioning about new institutes that seek to give effectiveness and celerity...

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Main Author: Emerson Ademir Borges de Oliveira
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2017-08-01
Series:Revista Eletrônica de Direito Processual
Subjects:
Online Access:http://www.e-publicacoes.uerj.br/index.php/redp/article/view/28891/20994
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author Emerson Ademir Borges de Oliveira
author_facet Emerson Ademir Borges de Oliveira
author_sort Emerson Ademir Borges de Oliveira
collection DOAJ
description The understanding of a civil process with a constitutional bias runs through the criticism of the ideological foundations that directed the same within the Liberal State and that stand as obstacles to a paradigm shift and positioning about new institutes that seek to give effectiveness and celerity to the process, in the molds of our Contemporary State. Today we see that the process that stigmatizes and agonizes its actors does not do so simply by legal predictions, but by the fear and by the preposterous positions that impede the evolution of the mentality of the judicial operators. So what we are seeing and questioning is whether the new institutes of the Code of Civil Procedure will suffice for a dogmatic change or the best of laws will be insufficient in the face of the recalcitrance of the agents. The method of work is deductive and the research is eminently bibliographical.
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spelling doaj.art-47c32f234c024cd9a23fb252b48f0d3a2022-12-21T21:21:25ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76361982-76362017-08-0118211613510.12957/redp.2017.28891THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPCEmerson Ademir Borges de Oliveira0Universidade de MaríliaThe understanding of a civil process with a constitutional bias runs through the criticism of the ideological foundations that directed the same within the Liberal State and that stand as obstacles to a paradigm shift and positioning about new institutes that seek to give effectiveness and celerity to the process, in the molds of our Contemporary State. Today we see that the process that stigmatizes and agonizes its actors does not do so simply by legal predictions, but by the fear and by the preposterous positions that impede the evolution of the mentality of the judicial operators. So what we are seeing and questioning is whether the new institutes of the Code of Civil Procedure will suffice for a dogmatic change or the best of laws will be insufficient in the face of the recalcitrance of the agents. The method of work is deductive and the research is eminently bibliographical.http://www.e-publicacoes.uerj.br/index.php/redp/article/view/28891/20994New Code of Civil ProcedureLiberal ideologyMaterial equalityInstruments of effectivenessParadigm
spellingShingle Emerson Ademir Borges de Oliveira
THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC
Revista Eletrônica de Direito Processual
New Code of Civil Procedure
Liberal ideology
Material equality
Instruments of effectiveness
Paradigm
title THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC
title_full THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC
title_fullStr THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC
title_full_unstemmed THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC
title_short THE AGONY OF A PROCESS: THE PROCESSUAL IDEOLOGY AND THE EXPECTATION OF THE NEW CPC
title_sort agony of a process the processual ideology and the expectation of the new cpc
topic New Code of Civil Procedure
Liberal ideology
Material equality
Instruments of effectiveness
Paradigm
url http://www.e-publicacoes.uerj.br/index.php/redp/article/view/28891/20994
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