The sustainability in the civil procedural system. judgments and abridgments in the reform of the code of civil procedure

Abstract

The current lawmaker’s great challenge is to endow the legal system with instruments that are efficient to the immediate resolution of the conflicts submitted to be solved by the State. In Brazil, in compliance with the constitutional precept of Article 5th, LXXVIII, which ensures the citizen, in court, “the case reasonable duration and the means assuring the celerity of its processing”, the civil procedural legislation has been receiving important modifications, since the material right advance relief, judgment settlement and executive procedures, aiming at the jurisdictional protection higher effectiveness. The Code of Civil Procedure, more recently, underwent alterations introduced by Act 11277/06, granting to the judge powers to judge inapplicable. In advance any lawsuits involving matter of law about which he or she has understandings proffered in other cases, waiving service of process and proffering a decision in which he can reproduce the contents of the previously adopted decision; pursuant to Act 11276/06, with the purpose of inhibiting origin appeals, authorizing the appealed judge not to receive preliminarily the appeal or in admissibility reexamination, when the decision proffered be in accordance with an abridgment by the Federal Supreme Court or the Superior Court of Justice; and Act 11417/06, regulating the revision and cancellation of a binding abridgment enunciate and authorizing the Federal Supreme Court to issue, revise or cancel enunciates in constitutional matters. Thus, this work, with the critical ancestry with which the Civil Procedural Law is taught at the Federal University of Rio Grande, develops an analysis of the modifications concerning the first degree ruling and the abridgments of STJ and STF, daring to try to manifest own ideas, but with the purpose of contributing for the academic discussion.