Ativismo judicial e neoprocessualismo no contexto do novo código de processo civil

Abstract

This monograph is the result of research carried about the Constitutional Law and Civil Procedure, notably in the fields of the Constitution General Theory and Modern Process General Theory, and aims to deal with the judicial activism phenomenon and its relationship with theories of neoconstitutionalism and neoprocessualismo in the context of the New Brazilian Civil Procedure Code, as well as the implications for the occurrence or otherwise of this phenomenon. Through a theoretical, doctrinal and legal analysis, it sought to verify how it should be understood judicial activism, in its historical and conceptual aspects; which can be understood by neoconstitutionalism, revising its theoretical propositions, especially that which relates to the subject; which neoprocessualismo the emergence of context, the elements that make up your concept; the articles related to neoprocessualismo the New CPC meaning innovations and allusions, derivations and results that may arise from this forecast with regard to the occurrence of judicial activism. Therefore, the present study was divided into three parts. At first, it worked the judicial activism phenomenon. The second is space dedicated to neoconstitutionalism. In the third, it was worked more directly the theory of neoprocessualismo and New CPC. In this last part, an analysis of a series of devices of this code is made, presented and raised some reflections on innovations demonstrated and the resulting implications for the performance of judges and courts in general. Finally, it brings a summary of the conclusions arrived at in this work.