A análise do redimensionamento do princípio do contraditório no projeto do novo código de processo civil à luz da constitucionalização do processo

Abstract

The present study aimed at realigning the constitutional principle of contradiction in its procedural version, with the advent new design of Brazilian Civil Procedure Code, the Senate bill No. 166/ 2010. On the scene of modern procedural formalism ventilated by formalismevaluative, also named as neoprocessualism, enveloped by the cooperative system process - within the Constitutional State - the contradictory principle is no longer just a command of respect for bilateral hearing and went on to express a material respect, being seen as the manifestation of effective dialogue between the magistrate and the procedural parts, translating not only as a right of information that basically defined formerly, but as a right of the parties influence the final decision of the judge. In this line, we seek, in this work, explain historically the constitutionalization of the process, outlining a general approach on the developmental stages of the process to the present, and analyze specifically the formalismevaluative and his relationship with the guidelines brought in the Constitution of Republic 1988, leading to the examination of this plan against the normative text content offered by Project studied. In addition, without presumption deepening, we will assay the difference between rules and principles, so that opens up a favorable analysis emphasized the resizing of the contradictory principle in its various facets path, as primarily the imminent adoption of the new Project Code of Civil Procedure Brazilian.