THE PROCEDURAL FLEXIBILITY AND ITS APPROACH IN THE LEGISLATIVE PROCEDURE OF THE NEW BRAZILIAN CIVIL PROCEDURE CODE

Abstract

This essay describes the legislative approaches of Procedural Flexibility throughout the legislative process (2010-2015) concerning the new Code of Civil Procedure of Brazil. The description the Brazilian 1973 Civil Procedure Code gives of the acts to be performed in each process is exhaustive and upholds the rigidity of procedure. This thoroughness makes it impossible to change or adapt procedural acts, except in special situations. The new Civil Procedure Code (Statutory Law §13.105 (2015)) has attempted to solve this incompatibility. The changes brought by the new Code originated from different discussions on the subject of Procedural Flexibility, spanning from the production of the draft bill to its passing on the House of Representatives and on the Senate

Keywords

• Procedural Flexibility
• 1973 Code of Civil Procedure
• new Code of Civil Procedure of Brazil
• Legislative procedure
• Approaches