Artigo 285-A do código de processo civil: celeridade versus segurança

Abstract

This monograph is intended to do the analysis of the constitutionality of article 285-A, which was added to the Brazilian Code of Civil Procedure by Law 11277/2006. The article 285-A was designed as a tool for streamlining the trial of repetitive processes and is inserted in the robust movement to reform the Code of Civil Procedure, aimed to promote a judicial protection more effective. Despite his noble ideal of promoting celerity in judicial procedure, the article 285-A is identified as a potentially harmful mechanism to the principles of contradictory, ample defense, due process of law and right of action, which are constitutional rights and guarantees of judicial proceedings. The research enhance the importance of the principle of celerity in the promotion of a really effective judicial protection. At the same time recognizes that this principle is not absolute and must be harmonized with the other principles and assurances that guide the procedural law. Finally, special attention is devoted to each one of the claims of unconstitutionality relative to the article 285-A, trying to verify the feasibility of preserving the legal precept, the benefits to which it is intended, as well as other principles of procedural law.