Substantial or constitutional proceduralism: the (des)velimiento from the culture of traditional models rationalists of the civil processual jurisdiction

Abstract

The study aims to address the characteristics of procedural theories of substantialism and proceduralism. In this perspective, procedural democratization must be seen as a challenge in which one of the problems that is identified at the core is the lack of coherent reasoning, and there is a certain lack of synchrony with the constitutionally provided for rights. This trick hinders the correct adequacy of the law, which ultimately translates Resumos/Abstracts 387 Direito, Estado e Sociedade n. 55 jul/dez 2019 the right claimed for any guardianship. From this proposal of the work that concerns the unveiling of Constitutional jurisdiction through philosophical hermeneutics, problems such as subjectivity run in the pillars of the process. In order to achieve this objective, the hypothetical deductive method was obeyed, and through the hermeneutic theory, the bibliographic and documentary procedure was used. Thus, we sought to contextualize civil jurisdiction from the lens of the process and the pre-understanding of the facts. The investigation brings new clashes that the civil process is not yet familiar, and through the alterations of these components observed under the guiding principle of the Constitution, it breaks down the law beyond a regulatory norm of conduct and aligned in the way to apply in the process with subsidies of a coherent and full and cohesive decision.