El ejercicio de la acción y la búsqueda a la tutela judicial efectiva: una visión constitucional en España y Brasil

Abstract

The exercise of the right of action is traditionally related to access to justice, initially with a more formalist and limited with the right to obtain a cognitive judicial response, even in the appeal spaces. As the years pass with the states of law and their constitutions, the formal exercise of the action are incorporating rights more focused on the effectiveness of the judicial provision, which is particularly associated with constitutional commands, as a rule. This text brings a constitutional view regarding the exercise of action and jurisdiction in Spain and Brazil, with emphasis on convergent doctrines the idea of effective judicial protection.