A angústia no direito processual civil

Abstract

This research aims to analyze the extent to which anxiety is captured, in theoretical debates and in forensic reality, as a constituent element of civil procedural law and how it becomes visible in the procedural scenario. It seeks to understand anxiety, with the contribution of existentialist philosophy and Freudian psychoanalysis, and apply it to law and, more specifically, to civil procedural law, considered in its theoretical aspects, which encompass fundamental institutions and the constitutional model of procedure, as well as in its dynamic aspect, studying the interaction between the subjects of the procedural relationship, considering the sample space of actions related to social security law that are processed in federal special courts. The methodology employed was bibliographic review, analyzing bibliographic and normative sources; the theoretical framework is organized among legal, philosophical, and psychological sources. In conclusion, it is argued that anguish is one of the reasons why procedural law exists, and that, as outlined by the Brazilian Constitution and legislation, it is entirely conceived, from an emotional standpoint, to address and reduce the various forms of anguish. This is why such a psychological scope is suggested as one of the central concerns of jurisdiction and civil procedural law.