Processo, procedimento e repartição constitucional de competência legislativa: limites da repartição de competência legislativa em matéria de processo e de procedimento no direito brasileiro e seus reflexos sobre a legislação que crie varas colegiadas no primeiro grau de jurisdição

Abstract

The Constitution of the Federative Republic of Brazil 1988 brings own model of distribution of legislative powers, allowing different treatment for matters related to the process and procedure. According to its format, in short, it is for the Union to legislate exclusively on process, and this central entity and the Member States and the Federal District edit, concurrently, on the disciplining procedure in procedural matters. From this format, devoted to work, painstakingly investigating the fine line of conceptual separation that should exist between process and procedure, running in good measure, classical studies and identifying the current state of the art on the subject. Uncovered what is the process and procedure, as well as well-defined work object of each of these two institutes, the study finally presents his central problem, which intends to question who would be the power to build, of original way, a model of justice to allow the collective exercise of jurisdiction, with the judge collegial body training already at the forefront of Justice, given that calve doubt constitute such a legislative model law procedural or procedural nature.