THE CHALLENGES OF JURISDICTION IN THE RE(APPROXIMATION) BETWEEN THE CONSTITUTION AND THE CIVIL PROCEDURE LAW

THE CHALLENGES OF JURISDICTION IN THE RE(APPROXIMATION) BETWEEN THE CONSTITUTION AND THE CIVIL PROCEDURE LAW

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This study aims to trace queries about the possible (re)approximation between the current constitutional paradigm and the exercise of civil procedural jurisdiction.In fact, the problem lies on the Dryer Vent Cover theoretical statement of ideological incongruities existing within the Brazilian civil procedural law as opposed to the value charge provided in the Federal Constitution of 1988.In this subject, by exploring the historical and deductive method, it was found that the current procedural model gathers individualistic, liberal and patrimonial values, by which the judge/interpreter would merely be a law declarant, without awareness of his effective realization in the empirical world.However, what are expected from the evaluative parameters of the 1988 Constitution, is the Coaxial TV Cable need for improvement in such jurisdictional system, always keeping in mind the concern of protecting and give cohesion and effectiveness to the rights and fundamental guarantees provided by the Political Letter.