Adaptação procedimental em tempos de pandemia: reflexões sobre os impactos da crise em nossa cultura jurídica processual

Abstract

The purpose of the article is to analyze the normative treatment given to the adaptation of the procedure by the Civil Procedure Code and how this procedural technique has been used, in the pandemic period, to give greater effectiveness to judicial protection in cases that demand swift and differentiated treatment due to nature of the cause. From the empirical analysis of some cases, it is intended to investigate in which cases the procedural adaptation was used and whether the fundamental rules of civil procedural law were safeguarded, especially the contradictory-influence, in the application of the institute. The cooperative application of procedural adaptation during the pandemic period can contribute to a better assimilation of this procedural technique in our legal culture and, as a consequence, to a greater effectiveness of the process. The development of the work is presented in three parts. In the first part, some theoretical premises about the subject matter of the study will be addressed. In the second part, the cases that compose the sample will be analyzed empirically. In the third and last part, the impact of procedural adaptation, during the pandemic period, on our procedural legal culture will be analyzed. It was concluded, therefore, that the adaptations made during the pandemic period showed the procedural instrumentalism, of a publicist hue, which establishes a tension with the cooperative and democratic model of process proposed by the Civil Procedure Code of 2015. The research methodology employed in the work is qualitative documentary and the approach will be hermeneutic.