| Popis: |
This paper intends to address the significant increase in repetitive demands resulting from the COVID-19 pandemic and the relevance of the effective contradictory in the Civil Procedure Code, especially regarding this institute. In the current scenario and in view of the intense diversification and multiplicity of demands that plague the Judiciary, greater efforts are required to materialize effective judicial protection, taking into account the criteria of speed and procedural economy. In this context, it is intended to go through the concepts of jurisdiction, process, lawsuit and access to justice in the Brazilian legal system, to then conceptualize the fundamental right of due process under the Civil Procedure Code, bringing a historical perspective of the evolution and importance of this institute. Hence, the definition of the COVID-19 pandemic and its respective impacts from a procedural perspective will be analyzed, followed by its legal consequences, including the emergence of repetitive demands. Subsequently, it will be analyzed the challenges of the substantial contradictory in the face of collective, diffuse and individual and homogeneous rights, and finally, the effective contradictory in the repetitive litigation arising from the COVID-19 pandemic will be examined. |
