Direito, processo e justiça : o processo como mediador adequado entre o direito e a justiça

Abstract

The objective of this search is investigate if (and how) the justice can accomplish in the action at law. We leave of the premise that the concretion of this singular theoretical aspiration cannot only be reached and from the mitigation of the procedural formalism for the accomplishment of the substantial right deduced in Judgment, given the understanding that the activity of the jurist, mainly that one exerted in procedural environment, it exceeds to the application mechanics of a preexisting right material. Therefore we consider that justice even so show like resulted of transcendents rational valuations to the positive law, conceived in the context of the reconstruction of the positive law for the interpreters in the scope of its application. And that similar intellective activity, to legitimize itself democratically in the action at law (or that it is accepted for the contenders as something just), it demands of the judge considers and values of the proposals presented for all interested parties in the formation of the judgment. Similar theoretical configuration characterizes the process as surrounding democratic and dialogic, and it (process) confers the quality of privileged forum for the reconnect between the Law and the justice.