THE NEW CPC AND A (HOPE OF) OVERCOMING OF THE DEFENSIVE JURISPRUDENCE

Abstract

The purpose of this article is to critically analyze critically the defensive jurisprudence, understood as the creation of obstacles to the admissibility of resources directed to the Courts, especially to the Superior Courts. It is intended to demonstrate that, against the backdrop of the constitutional model of civil procedure, the provisions of the New Code of Civil Procedure must overcome the defensive jurisprudence.

Keywords

• defensive jurisprudence
• judicial decisions
• overcoming
• new code of civil procedure
• constitutional process model