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Modernidade do direito processual brasileiro

1993; UFU Faculty of Law Magazine; Volume: 88; Linguagem: Inglês

10.11606/issn.2318-8235.v88i0p273-298

2318-8235

Ada Pellegrini Grinover,

Legal processes and jurisprudence

After a review of Brazilian Procedural Law, the study examines the technical-scientific consolidation of the Procedure that began with Liebman and that set its stamp on a whole generation of Procedure lawyers. It emphasizes next the critical phase of Procedural Law, from the constitutional studies and general theory, examining the great themes of our day (the acess to a just juridical order, the universality of the jurisdictional guardianship, the effectiveness and instrumentality of the procedure, participation). It points, finally, to a re-structuring of the classical procedural arrangements, its conclusion being that Brazilian Procedural Law is modern, it being able to conciliate its social and political preocupations with a strict fidelity to the technical-scientific method.