The Assignment of Judging in the New Code of Civil Procedure: The Interactions Between the Legal Formalism and Democratic Formalism

Abstract

The assignment of judging in the new Code of Civil Procedure starts with the interactions between classical formalism and democratic formalism. The theories of constitutional hermeneutics, of civil adjectival law and of traditional Positivism are used in order to reaffirm the requirement of motivating the judgment in the higher degree of quality. It is necessary to understand the changes of the standards on the legal interpretation and the act of judging. The concept of jurisdiction in the Constitutional State connects to the constitutional principles of justice and fundamental rights, and approach the formal aspects of materials.

Keywords

• Formalismo clássico
• Formalismo democrático
• Novo CPC
• Ato de julgamento