THE IMPORTANCE OF PRIOR HEARING IN THE PORTUGUESE COMMON DECLARATIVE PROCEDURE: COMPARATIVE NOTES WITH THE BRAZILIAN LAW

Abstract

This work intends to verify if, in the scope of the Portuguese common declarative procedure and in the Brazilian common procedure, it is mandatory to schedule oral hearings in the pre-trial phase. We will conclude, through the study of the Portuguese prior hearing and the Brazilian conciliation or mediation and organization hearings, that, although the legislator intends to promote the realization of these acts after the pleading phase, they are not always carried out and that there are situations in which the procedure can take place entirely in writing until the trial phase.

Keywords

• conciliation attempt
• procedural organization
• common declarative procedure
• prior hearing
• procedural subjects