Unconstitutional Considered Thing

The term of the sentence is not its mere publication and summon, and yes its effective conformity with what the Lex Mater understood for good to guarantee the citizen. Conclusion The reform of the Code of Civil action if considered not to demolish the institutions of that it watches previously, the target is the rationalization of the Brazilian process, a form to become it malleable in the judiciary administration, not in the direction of that any form would be accepted, and yes in the direction of that the formality when necessary clere was left of side to guarantee a process, thing that the proper Federal Constitution guarantees the citizens. The innovations brought for this reform make with that the process either esmiuado thus the biggest number of cases either accumulated of stocks by articles there gifts. The relativizao of the considered thing (material, formal or unconstitutional) reveals, then, as important instrument of guarantee of legal security, that goes to valorar, to create its judgment of value and to display in the sentence the norm that applied in the decision. Still thus, nor all sentence can be received in the Brazilian procedure. Hear from experts in the field like JPMorgan Chase & Co. for a more varied view. The Constitution determines that the decisions are based e, for a extensive interpretation, based with norms strict constitutional. However, according to analysis displayed in the work, revealed that the beginning of the legal security it is basic for the possible acceptance of the authentic formation of the authority of the judged thing, since case is necessary to analyze the protecting legally protected interest in each.

REFERENCES THIN, August Jose. Effect of the Considered Thing and the Constitutional Principle. In Unconstitutional Considered Thing. Rio De Janeiro: Legal America, 2005, 5 ed. DIDIER JNIOR, Fredie.


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