Teoria da participação no Processo Civil Brasileiro: alguns pressupostos

Abstract

Brazilian civil procedural law is in transformation. The need to implement fundamental minority rights by procedural means, the theoretical and normative construction of structural processes and the consolidation of the Brazilian system of binding qualified precedents require the revision of traditional institutes and concepts of civil procedure. Given the legal and social repercussions of qualified precedents and structural processes, it is necessary to rethink the concept of participation beyond the contradictory linked to the bilaterality of the hearing. In this context, the insufficiency of third-party intervention modalities requires the reconstruction of the concept of participation in order to contemplate the parties and other social actors that will be impacted by judicial decisions with relevant repercussion. From this premise, the work aims to analyze the recent production on participation theory in order to identify the assumptions for a theory of participation in development in the Brazilian civil process. The research methodology is the bibliographic survey.