Julgamento de improcedência liminar : a constitucionalidade do art. 285-A do Código de Processo Civil

Abstract

This work is the product of theoretical research by the relentless pursuit to improve the understanding of certain legal institutions, such as that expressed in art. 285-A, Law of Civil Procedural. This standard is another possibility presented by the Brazilian legal system, which generates various discussion, both in the doctrinal field, as in the national context. It is very important that when the institutes brought by the law does not harmonize, manage, at least, notorious scientific, precisely what this work lends itself to accomplish. The point is that the unprecedented sentence utterance changes of the judge provides the opportunity to make judgment, without having, even cited the defendant, but only when the controversial issue is only right and judgment has already been full of judgment rejection in other similar cases. It happens that, too scholars believe that this possibility is configured unconstitutional because it violates constitutionally guaranteed principles, as contradictory, the legal defense and due process. However, there are scholars who have more bold thinking and objective about such Office, so that remains clear design, they adopted, that there is no kind of disrespect to the precepts of Brazilian law, since there is to talk limit in full defense to the one who does not have than to defend therefore that there was no citation, the legal relationship between process participants remained not paid up and still has to deal judged in their favor, becoming, as unnecessary the development of certain procedural acts that will only serve to burden the judiciary and generate frustrated expectations in who uses it. Due to the emergence of several discussions on the subject, is that the Supreme Court was called upon to decide, through direct action of unconstitutionality – ADI – n° 3695, which must be positioned in favor or not of its constitutionality.