As nulidades do Processo Civil Brasileiro

Abstract

The analysis of the procedural nullities always will, in some measure, considerations on the General Theory of Law. The characteristics of the institute showed that connection. If it is not viable to build a general theory of nullities in virtue of the intrinsic differences of each discipline, is always possible to an examination of the nullities from the General Theory of Law. In their categories, fundamental and common to all the legal dynamics, that discipline gives the subsidy necessary for the understanding of the institute in its primordial aspects, not yet specific because of the peculiarities of each specific area. And so proceeds in the present study. In the initial chapters, intends to an analysis of the nullities which, starting from the General Theory of Law, reaching the General Theory of the Process with dialectics references, coherence and cohesion. To this end, through the examination of concepts such as the norm, legal fact, legal act and the judicial process. In the remaining chapters, proceeds to the definition of procedural nullities in their principal characters to, in immediate sequence, perform the examination of the institute in the context of the Code of Civil Procedure of 2015, analyzing the elements of their discipline, their principles, innovations fixed and the significance of the institute in a judicial process toward a new feature: this time, truly democratic.