Adaptabilidade judicial do procedimento cível

Abstract

The present study aims on the powers of civil courts and judges to manage the course of the civil procedure. Beside the established duty of the legislature to create proper procedures for protection of substantial rights, it seems necessary to also confer to the court, exceptionally and not without certain well defined restrictions, the same powers mentioned above to adequate the statutory procedures according to the specificities of the case. That derives from the notion, which we advocate, that this power derives directly from the Brazilian constitutional system, being nothing more than the well-known judicial review of legislation, applied to the procedure law. Nevertheless, it is positive and laudable to have a general legal authorization by the law on this matter, which does note liberate the doctrine to work on establishing the criteria and limits to make that activity as most secure as possible. That´s what we aim on identifying and proposing