Modelo constitucional de processo: uma análise do princípio do contraditório no projeto de Lei no 6.204/2019

Abstract

The theme that surrounds the present work is the result of the analysis of the bill n. 6.204/2019, which aims to regulate the civil extrajudicial execution for the charging of judicial and extrajudicial enforceable titles. Regarding this theme, this work aims to understand if the disjudicialization of the civil execution in Brazil, in the way that the referred bill intended, is a measure that fully observes the adversarial fundamental guarantee in its disposals. Thus, by using the theoretical research methodology, with the content analysis and bibliography study important for the theme, this work covers some topics that allow a wide comprehension of the subject approached and that serve as a base for the considerations proposed in the final part. It is adopted, as a start point, the contextual analysis between the concept of access to justice and the current scenario that the Judicial Power experiences, to, in a second part, analyze the processual model established by the Federal Constitution. It is assumed that, even though there is an increasingly urgency to create alternative extrajudicial paths and mechanisms, it is true that every procedure, judicial or extrajudicial, must, in a Democratic State governed by the Rule of Law, observe the principles inside the constitution, and that is why it is argued that the disjudicialization phenomenon cannot be unbound from the constitutional model of process. Within this perspective, this work analyses, in a third part, the adversarial principle in its formal and substantial dimensions, and also its incidence in the execution phase, in order to be possible to verify in the end if the bill's text dully ensures that.