Nova visão do princípio constitucional do contraditório e seu papel no direito fundamental ao acesso à ordem jurídica justa

Abstract

The purpose of this dissertation is to demonstrate that the fundamental right of access to justice is a much broader right than mere formal access to power. Judiciary, an idea that can be reached by rapid and uncompromising, traditional, and even an old reading of article 5, item XXXV, of CF / 88. Search to demonstrate how access to justice fits into the attributions of all powers of the State, besides being a guaranteed right before the beginning of the judicial process. So that this right of access to justice can be understood access to the just legal order, which, from the point of view of the Judiciary, protection of the rights of the parties (judicial protection in a broad sense) is appropriate manner, the process being an important mechanism for achieving these rights. The solution to the effectiveness of the process is within the procedural system in force, and there is a need for a new vision and interpretation of the rules already inserted in our legal system, especially as regards the principle of the adversary as effective participation and judicial dialogue.