| Summary: | The text explores ways/possibilities of the civil procedure to serve as a democratic space of participation and construction of the law from a critical analysis of its architecture (object, device, contradictory), because the constitutionalisation of the process brings to the center the fair process, where the procedural contradiction (procedural debate) allows the process to be a channel of contextual opening for the right and performing effective guardianship. It is proposed that the contradictory is a channel of openness to speak in a new device principle, flexibility of procedural congruence and justification by the object of the procedural debate. The civil process gains special importance in front of a dynamic and complex society, marked by the juridicization of life, which seeks in the judicial channel of claim and struggle for rights and this relief acquired mainly after the constitutionalization of the right requires that institutes that compose the architecture of the process are revisited in the search for a democratic-participatory path for legal hermeneutics. The reflection emphasizes the importance of the contradictory as a moment of participation of the parties in the construction of the right for the protection of fundamental rights, thus being able to begin to speak in a fair process.
|
|---|