Some Critical Lines About the new 2015 Brazilian Civil Procedure Code

Abstract

This essay pursuit criticize the new 2015 Brazilian Civil Procedure Code, under the critical-reflective perspectives. In an initial critical perspective, metaphorically from the “Engine Room” of the 2015 Civil Procedure Code, the democratic deficit of the code, and the rodriguean narrative of “Cute, but ordinary", we invoke the character “Cadelão” (The Big Dog Bitch), in the sense of an artificial supply of wills, and compared it with the framework of the “new” code. It show us that the Supreme Court would be a kind of “Cadelão” of the Constitutional Law (constitutionalized and constitutionalizing), and the new 2015 Brazilian Civil Procedure Code would become the “Cadelão” (The Big Dog Bitch) of the legal system. Indeed, the legislative process of the “new” 2015 Brazilian Civil Procedure Code brings some revelations: even though has been stated that the new 2015 Brazilian Civil Procedure Code would be a democratic monument, in reality, it suffers from high democratic deficit. On the other hand, the “new” 2015 Brazilian Civil Procedure Code is also formally unconstitutional, because it was amended in one of the two legislative houses and did not come back to the other.