O fundamento do processo como garantia constitucional e a sua relação com o modelo publicista

Abstract

The present study aims to present the procedural-civilistic shaped in the perspective of procedural guarantee approached by the Brazilian doctrine today. It seeks to confer the dogmatic character of the guarantee based on the Constitution of the Republic. It identifies the conduct of the process as a constitutional guarantee of freedom of the parties and counterjurisdictional supported by the current outlined in this work as a procedural guarantee. It analyzes its assertions constituted in the procedure based on legality. It exposes the dispositive perception of the procedural law deconstituted of the inquisitive model at the time that proposes the limitation of the power of action of the State. The relationship between guaranteeism and publicism is developed, the latter being the guaranteeist criticism by which the mitigation of procedural institutes slipping in Judiciary discretion. It seeks to demonstrate the main premises of the conformation of a model to curb unofficial interference by the StateJudge, based on the democratization of the process at the service of the parties in the construction of the procedural result. Finally, it is verified through the guarantist procedural theory, with the establishment of beacons in their corresponding fields of action, the confrontation with judicial protagonism, promoting the legitimacy of the adversary, with the parties in the conduct of the process, observing the procedural fundamental norms as condition of due process of law. The methodology used was of a qualitative nature, through bibliographic research, with an investigative, descriptive and explanatory approach. It was concluded that the process, as a dialogic guarantee of the parties, must be a space of democratic proposition of the result, observing the due legal process.