Julgamento liminar de improcedência do pedido à luz das garantias fundamentais do processo justo

Abstract

Facing the need to actualize means that collaborate with the celerity in court process procedure, in this paper will be done a detailed analysis of the preliminary judgment of impertinence of request, seeking to turn it compatible with other fundamental guarantees of the fair trial. First of all, it will be done a study of the process guarantees ensured for the Federal Constitution followed by an analysis of the legal assumptions to the preliminary judgment of impertinence of request. After this, it aims to adequate to the rules of the prima facie judgment with the contradictory principle and with the motivation principle of the court decisions. It will also be performed an analysis of the formation of res judicata material even with the procedural simplification.