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Procedural INSTRUMENTALITY: trends about the acts of addicts utilization in São Paulo State court (Brazil)

Grant number: 14/25794-2
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): July 01, 2015
Effective date (End): June 30, 2016
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Marcelo Negri Soares
Grantee:Anderson Toni
Home Institution: Universidade Nove de Julho (UNINOVE). Campus Vergueiro. São Paulo , SP, Brazil

Abstract

The caput of article 154 of the Civil Procedure Code brings the need for compliance with the forms may be prescribed, in order to determine the validity or invalidity of procedural acts. Nevertheless, this same law provides for the recovery of acts performed otherwise than prescribed, will reach its scope. It is the normative basis to Instrumentality called principle of Forms. Name this cite is quite happy, since it raises, plan, some considerations about its content, but let's see: the process itself is an instrument which, under the State's perspective, reaches its end to operationalize the jurisdiction; and, under the owners point of view, the process does to effect the prerogatives of the substantive law conferred upon it by law or supralegais texts. It can be seen that in both cases, the process does not know an end in itself; is simply a tool to shape the jurisdiction or to establish or protect a right. Symmetrically, either procedural acts have their own purpose, appear therefore as no more than means to drive the process. That said, and considered the apparent saturation of the judiciary as regards the amount of processing processes, we see the convenience, or, perhaps, the indispensability of theoretical discussion about the extent and limits of the use of addicts acts.