A SOLUÇÃO INTEGRAL DO MÉRITO COMO MECANISMO DE REALIZAÇÃO DA JUSTIÇA

Abstract

This paper deals with the importance of the judicial process, in its legal sphere, and also in the society's view, bringing the discussion about the effectiveness and speed of judicial decisions and how the magistrate behaves before the large number of lawsuits decades. Cooperation between the parties involved is the solution to the judicial crisis, in the same way as guaranteeing stability in access to the judiciary. The reasonable length of the process is the desire of the legal community, a dream sought by processualists and the duty of the public power to the parties. On the advent of the reform of the judiciary, a new principle was enshrined in the Federal Constitution, among fundamental rights, stating that the process must observe the reasonable period of its process. It is also necessary to determine that citizens should have the means to ensure speed. Already the principle of the primacy of the resolution of merit is one of the innovations brought by the New Code of Civil Procedure being provided in the General Part of the New Code, where the devices, when exposed, give rise to the identification of norms applicable to all civil procedures. Also in the General Part of the Code is a chapter entitled "Of the fundamental norms of civil procedure", which is composed of the first twelve articles of the law. The new Code of Civil Procedure brought several new developments, but still requires changes, in order to achieve the effectiveness of judicial protection, which can no longer support the figure of an inert judge and free of instructive powers in the search for truth.