After all, it is intended to protect the trust of a particular subject in the process. Thus, as Fredie Didier says, “the principle of legal certainty and the principle of trust are semantically complementary facets: security is the general facet of trust; Trust, the special face of security. “All parties to the proceedings shall cooperate in order to obtain, within a reasonable time, a decision of just and effective importance”, article 6 of the Code of Criminal Procedure. Let us now turn to the second principle of civil procedure. In addition to Article 1, point III, of the Federal Constitution (CF), Article 8 of the Code of Civil Procedure (ZPO) stipulates that the panel of judges “protects and promotes” the dignity of the human person in Brazilian civil proceedings. “Anyone who participates in the process in any way shall behave in good faith”, art. 5, CPC. Dans les dizeres de Daniel Amorim (2018, pp. 174), the specific objective of due process is to avoid “abusive and inappropriate legislative activities,” which includes an appropriate interpretation of the law and rules (Daniel Amorim, 2018, p. 174). Constitutionalism as a movement for the constitutionalization of law and process acts as a catalyst to better apply constitutional principles, rules and norms, to integrate them into substantive and procedural law, and to ensure that the process follows and respects fundamental rights and norms (DONIZETTI, 2016, p. 26).
Moreover, the doctrine also divides this principle into guarantees of due process, formal (procedural guarantees) and substantive due process (which would be the proportionality and relevance of the decisions themselves). Therefore, it is always good to note that the reasonable duration of the process tries to avoid excessive dilation, but not speed at all costs. And it can be said that the principle of broad defense is the essential aspect of this contradiction, the guarantee of being able to defend oneself in every interrogation that occurs during the Brazilian civil process. The current Code of Civil Procedure (CPC/15) is based on a comprehensive basic principle, i.e. a substantial basis of procedural principles (implicit and explicit). Many of these principles are constitutional in nature, as reiterated in the 2015 Code of Civil Procedure. These include the principle of due process. Substantive aspect: With respect to the substantive (or substantive) test, due process is that, even taking into account the existence of a formal aspect, it must be materially tangible, i.e. reasonable, achievable with pre-existing rules.
There is no point in creating rules that cannot be reached or are untenable (Donizetti, 2016, p. 37). According to modern doctrine, the principle of due process must be understood in two aspects, one formal and the other substantive (DONIZETTI, 2016, p. 37). This principle applies to all areas of law, including civil procedure. Of course, this principle also applies to the administrative procedure. The 2015 Code of Civil Procedure – CPC/15 did not expressly include the principle of “due process”. However, its basis is taken directly from the Federal Constitution of 1988 – CF/88, which was inserted in Article 5 of point LIV of the Major Charter.
Let`s see: the denial of access of the office of the public defense lawyer to the proceedings in the summary rite is a limitation of the defense This principle of civil procedure guarantees the availability of trial data, which is considered an essential tool since the trial is public (here the two exceptions of publicity are worth mentioning: except for the defence of privacy and social interests). DA COSTA, Wellington Soares. Due process. Available in: . Be careful, a reasonable duration should not be treated as synonymous with speed. Fredie Didier explains: “There is no principle of speed. The case does not need to be quick: the case must last as long as necessary and appropriate for the settlement of the case pending before the court.
