What is the difference between Processualism AND Neoprocessualism?
Procedural law is marked by four distinct phases, namely: praxism or syncretism, characterized by the absence of differentiation in terms of process and substantive law; proceduralism , which already recognizes the differences as to procedural law and substantive law; instrumentalism, in which rights ...
What is the principle of evaluative formalism?
THE formalism - evaluative comes from neoconstitutionalism, and can be understood as the legal methodology that leads to a new perception of the formalism , which should be seen as a contributing factor for the judicial conduct of the material legal relationship, in order to allow, through a valid process, the effective ...
Is it unnecessary to hear the parties when the manifestation cannot influence the solution of the case?
Statement no. 2 provides that: ... By establishing the need to hear the parties when the manifestation cannot influence the solution of the case , the statement removes the possibility of a fair and dialectical process. No there is no material due process (GONÇALVES, 2016) and no cooperation between the parts .
Is it possible to say that the adversarial principle is a guarantee of participation in the process, why?
THE contradictory consists of a Warranty of effective participation of the parties in the development of the entire litigation, through the possibility of influencing, on equal terms, the conviction of the magistrate, contributing to the description of the facts, the production of evidence and the debate of questions of law.
What is the difference between criminal law and criminal procedural law?
unlike the Criminal Law , which has a closer relationship with the legal texts, the Criminal Procedural Law is geared towards a practice, towards the delimitation in its stages and the roles that correspond to the parties and the judge. ... Proof of this is that the Code criminal contains action-related devices criminal procedure (arts.
What is the role of constitutional law?
THE function of constitutional law THE Constitutional right is a branch of Right Public responsible for analyzing, interpreting and guaranteeing compliance with the Constitution of a country, that is, the norms that regulate and delimit the power of the State and guarantee the fulfillment of the rights considered fundamental.
What is studied in constitutional law?
THE Constitutional right is one of the domains of right public dedicated to the analysis and correct interpretation of the norms constitutional . THE Constitutional right focuses on the political constitution of the State, with the objective of study systematic of norms constitutional . ...
What is the relationship between constitutional law and other branches of law?
Tracing the fundamental lines of the organization of State powers, the constitutional right determines the direction to be followed by the right administrative and by right judiciary. ... You other branches of law public also find their basic norms in the Constitution.