O princípio da simples petição e a lei Nº 13.105 de 2015: como a peça inaugural do processo pode contribuir para uma prestação jurisdicional celere e tecnicamente adequada

Abstract

This study objective the concept of “simple petition”, this nomenclature resulting from the structural analysis of the application and the final provision of the magistrate. In general, each element that makes up the inaugural part of the process was discussed, detailing how those elements could contribute to the decision of the magistrate was technically adequate. Therefore, we sought the origins of the Brazilian procedural law as they were made such procedural acts, so that it was found that the original application was always a decisive act in process because this was demarcating the action of the judge. And, likewise, they were listed the duties of the magistrate, who will make the construction of the rule of law by analyzing the arguments presented by the parties, which is nothing more than the result of facts and legal grounds for the request. In short, with the advent of the new civil procedure code, if glimpsed that the original application will be even more crucial to the success of demand, which may be closed at the same hearing of conciliation or mediation, even before the presentation of the defense by the defendant.