Constitucional guarantees of civil procedure:

resignifying the fair trial in the light of the contemporary Civil Procedural Law. An overview of individual guarantees.

Abstract

The purpose of this study is to perform a new reading of “Constitucional guarantees of civil procedure: the fair trial” article. Such paper was written by Leonardo Greco and published in Novos Estudos Jurídicos review, in April 2002. Therefore, it is intended to analyze Greco’s assumptions and conclusions under a contemporary approach, not denying the original study premises. The article also aims to debate other relevant topics not directly referred in “Constitucional guarantees of civil procedure: the fair trial” article, but related to it. The new Civil Procedure Code (2015) brought up many new and relevant academic matters. Such matters should be discussed according to constitucional guarantees of civil procedure. The starting point of the presented study is the statement that Procedural Law needs to be consistently enhanced to follow social and technological advances. Being so, it will be possible to consolidate a democracy based on rule of law, justice, and effectiveness. Finally, it is important to assert that the paper focuses on the Civil Procedural Law, not addressing Criminal Procedural Law subject. In addition to that, it is also important to certify that I decided to only consider constitucional individual guarantees, choosing not to mention, at the time, the structural guarantees.