A teoria da causa madura nos Códigos de Processo Civil de 1973 e de 2015

Abstract

Mature cause theory is an important procedural mechanism for clearing effective judicial protection. It was incorporated into the Brazilian legal system, still at the time of the Code of Civil Procedure of 1973, through Law No. 10.352/2001, which allowed that, in the cases that were extinguished without a merit judgment, the court could if the cause, among other requirements, was mature enough to be judged immediately. Such a procedural institute, proper to the general resource theory, was the subject of several controversies, which will be dealt with throughout the monograph, and of doctrinal and jurisprudential interpretations that were in agreement with the express legal requirements present in the previous adjective diploma. It is argued during the course of the research, in an exploratoring and eminently bibliographic, that the understanding of the institute surveyed by these legal operators helped to perfect it, so that the imperfect requirements criticized in the CPC of 1973 were abolished in the CPC of 2015. In addition, in the new code, new hypotheses of its application have been added, which are duly dealt with. In fact, the mature cause theory will be contextualized, after analyzing its legal regulations in the 1973 and 2015 CPCs (and their casuistic implications) as a suitable mechanism for promoting celerity and procedural economy, adequate to the constitutional principles of process. In addition, the most appropriate interpretations regarding the purpose of promoting more effective access to justice will be urged through the provision of a timely and, above all, adequate decision on the procedural maturity of demand. Finally, it is concluded that theory is a procedural mechanism capable of putting an end to a litigious situation, in that it appears as a suitable means of social pacification, through a more effective access to the jurisdiction.