Remessa necessária: uma leitura sob a ótica da efetividade, da celeridade e da isonomia processual à luz do novo código processual cível

Abstract

The Judiciary lives the drama of slowness and so it gets the discredit as response from society. Attentive to the wishes of its citizens, the lawmaker tried to decrease and optimize the necessary bridges to the effective jurisdictional provision, thus, honoring the procedural and constitutional principles as it tries to ensure and sometimes reach the real access to justice. The new civil procedure code has brought many advances in this direction, however, it faded in certain respects. This study aims to demonstrate the legislature's failure to insist on necessary referral's permanence in our legal system. This institute is proving worryingly slow, unnecessary and unfair. It is an obstacle and totally against the new Brazilian procedural. The institute also hurts the Magna Carta as goes against constitutional valuable principles to the pursuit of justice.