THE CONSTITUTIONAL PROCESS AND FUNDAMENTAL RIGHTS IN THE CONTEMPORARY BRAZILIAN DEMOCRATIC STATE

• DOI: https://doi.org/10.22533/at.ed.2164262420122

• Palavras-chave: Process; Contradictory; Instrumental; Procedure; Due process of law.

• Keywords: Process; Contradictory; Instrumental; Procedure; Due process of law.

• Abstract:

  In the Brazilian state, as determined by Article 1 of the CPC/15, the process must be ordered, disciplined and interpreted in accordance with the fundamental values and norms established in the Federal Constitution. Thus, due process of law, adversarial proceedings and full defense must be respected (art. 5, items LIV and LV, of the CF/88), as well as the provisions of articles 9 and 10 of the CPC/15, where the judge, before handing down any sentence, must hear and give the parties the right to make their case. In addition, according to article 489 of the CPC/15, every judicial decision must be reasoned and address all the arguments put forward in the case that are capable of undermining the judge's conclusion. Thus, unfounded, solipsistic and autocratic judicial decisions are not permissible in the constitutional process. Thus, in order to answer whether the legal nature of the process is instrumental or a procedure carried out in contradiction between the parties, the object of the research, after studies, bibliographic, normative, jurisprudential and doctrinal data on the subject were compiled, the hypothesis was outlined and, subsequently, using the inductive theoretical-bibliographical method, it was possible to answer the problematized theme above.