A primazia do julgamento de mérito e a admissibilidade das demandas no Código de Processo Civil de 2015

Abstract

The present study makes an analysis of the principle of the primacy of merit judgment, which is enshrined in art. 4 of CPC / 2015 and supported by other more specific rules, such as arts. 139, IX, 282, § 2, and 488 of the same statute, in order to also analyze its reflexes in the admissibility judgment of the court demands. For this, the hypothetical-deductive methodology was used, with bibliographic, documentary and jurisprudential researches, the latter one being relevant for the understanding of the current interpretation of the object of study by the Courts. CPC / 2015 brings enough mechanisms for overcoming and remedying procedural defects as a concrete way to honor the judgment on the merits of cause, making the judgment of admissibility more flexible. The purpose here was to analyze the limits of these mechanisms and the procedural filter for the judgment of the merits in the first instance, with detailed analysis of the principle of merit in conjunction with other fundamental rules of Brazilian civil procedure, with the purpose of presenting a rereading. of admissibility and merit judgments in CPC / 2015