The new Code of Civil Process and the constitutional process: general guidelines for protecting constitutional guarantees

Abstract

This article addresses the relationship between the Constitution and process. The aim is to study the theoretical and methodological assumptions of the edition of the Code of Civil Procedure of 1973 and the Civil Procedure Code, 2015. Otherwise, we intend to study the process of theories that infl uenced the issue of the aforementioned procedural codes. Search is also to assert the extent to which the novel predicted Code and deepened the procedural constitutional guarantees provided for in the Constitution of 1988. We selected as clipping the adversarial guarantee access to justice and the motivation of judicial decisions.

Keywords

• Novo Código de Processo Civil. Garantias constitucionais processuais. Hermenêutica.