A TUTELA DE EVIDÊNCIA NO NOVO CÓDIGO DE PROCESSO CIVIL: UM INSTRUMENTO DE EFETIVAÇÃO DO DIREITO FUNDAMENTAL À RAZOÁVEL DURAÇÃO DO PROCESSO

Abstract

The problem of (in) effectiveness of the process long afflicted scholars of procedural law, but above all affects the population that seeks the judiciary in general. Exercising the state, primarily through the judiciary, large function guarantor social relevance of rights, stands as a first condition of legitimacy, which offers adjudication in a reasonable time, with minimal interference in the natural exercise of the rights of those who posit, the desideratum to ensure access to justice and full citizenship. Admittedly, the regulatory developments contribute in finding the desired process fair and effective, however, it is insufficient and should be combined with the posture of exchange of the applicators that there will be to sharpen their sensitivity to social values and axiological changes in society. Anyway, the legislative improvement is always needed. This perspective is that it craved, briefly and concisely, to analyze the evidence of guardianship of the Institute proposed by the new Civil Procedure Code. It was observed that, with regard to judicial review, that the new Code will represent undoubtedly a breakthrough, both the doctrinal point of view of practical effects.