Medieval roots of brazilian judicial process
Abstract
This paper evaluates the Brazilian judicial process model, one that faces away from the democratic-constitutional paradigm, still linked to the medieval roots of colonialism, handed over to the inquisitorial system that uses means censored by the “garantismo” such as the building of decisions before the dialogic formation of the interested parties to firmly reconstruct the juridical fact and the anticipation of the effects of criminal convictions. This work emphasizes, as a result of its hypothesis, the interlace between the official political discourse and the justice system, the later implemented from massive rulings of the Superior Courts, showing that the new “processualidade” (that could bring the people closer to power and was formally promised since the Judiciary Reform with the edition of the 45th Constitutional Amendment followed by alterations in the Civil Proceedings Codex and the National Prison Law) is a chimera that the praxis confirms. The methodology used to reach the present conclusions is the revision of the jurisprudence e the specialized literature.
