PROCEDURAL NULLITIES AND THEIR CONSTITUTIONAL ADEQUACY IN THE NEW CIVIL PROCEDURE CODE

Abstract

This essay focuses on procedural nullities in the new Civil Procedural Code and their suitability in the democratic rule-of-law state. The 1988 Constitution of the Federative Republic of Brazil, has brought contextual changes, and thus demanded a review of procedural nullities and the process itself aiming at constitutionally adequate interpretation. Instead of being either a double-dealing instrument inherent to the liberalism of procedural law or a judge´s correction instrument given in the socialization of procedural law, the nullities are now deemed as a form of control of the procedural acts, their regularity and conformity with the constitutional model of process, as one can interpret drawing on a joint approach to Habermas’ theory, Fazzalari’s theory and the Constitutionalist theory.

Keywords

• procedural nullities
• liberalism of procedural law
• socialization of procedural law
• democratic rule-of-law state
• constitutional model of process
• new civil procedure code