AS NULIDADES PROCESSUAIS E SUA CONFORMIDADE CONSTITUCIONAL NO NOVO CÓDIGO DE PROCESSO CIVIL

Abstract

This essay focuses on procedural nullities in the new Civil Procedural Code and their suitability in the democratic rule-of-law state. The 1988 Constitution of the Federative Republic of Brazil, has brought contextual changes, and thus demanded a review of procedural nullities and the process itself aiming at constitutionally adequate interpretation. Instead of being either a double-dealing instrument inherent to the liberalism of procedural law or a judge´s correction instrument given in the socialization of procedural law, the nullities are now deemed as a form of control of the procedural acts, their regularity and conformity with the constitutional model of process, as one can interpret drawing on a joint approach to Habermas’ theory, Fazzalari’s theory and the Constitutionalist theory.