The brazilian’s civil procedural codes and its explanations of motives as millennialism promises

crusade, hope, faith and salvation in the procedural law

Authors

  • Jefferson Carús Guedes University Center of Brasília
  • Thiago Aguiar de Pádua University Center of Brasília
  • Clarice G. Oliveira University Center of Brasília

Keywords:

Codes of Civil Procedure, Motifs of the Civil Procedural Codes, Religion, Millenarism, Promises, Utopies

Abstract

This article presents the proposal of the possible relationship between millennialism, seen from the legal promises contained in the 1939, 1973 and 2015`s Motifs of the Brazilian Civil Procedure Codes. In this context legislative changes are presented as alternatives to the crises of the justice services through hope, as mystical trampolines of the collective imagination or even religious outbursts of collective imagination. The examination of the expositions elaborated predominantly by Francisco Campos (1939), Alfredo Buzaid (1973) and Luiz Fux and the Commission of Jurists (2015), exposes a mystical faith of even religious outlines between the chaotic present of the revoked procedural law and the promised paradisiac future by the new procedural standard. This vision can be associated with the Principle of Hope, utopian thinking as a political and social promise through Civil Procedural Law that offers legal means and techniques capable of solving the obstacles of the Brazilian Justice.

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Author Biographies

Jefferson Carús Guedes, University Center of Brasília

Professor of Civil Procedural Law at the University Center of Brasília, Brazil. Doctor (PUC-SP, Brazil), Lawyer.

Thiago Aguiar de Pádua, University Center of Brasília

Professor of Civil Law at the University Center of Brasília. Ph.D. candidate. Master’s Degree in Law (University Center of Brasília, Brazil). Lawyer.

Clarice G. Oliveira, University Center of Brasília

Ph.D. candidate (University Center of Brasília, Brazil). Master’s Degree in Political Science (University of Brasília, Brazil). Director of Legislative Process at the Ministry of Justice.

Published

2018-08-15

How to Cite

GUEDES, Jefferson Carús; PÁDUA, Thiago Aguiar de; OLIVEIRA, Clarice G. The brazilian’s civil procedural codes and its explanations of motives as millennialism promises: crusade, hope, faith and salvation in the procedural law. Civil Procedure Review, [S. l.], v. 9, n. 2, p. 165–208, 2018. Disponível em: https://civilprocedurereview.faculdadebaianadedireito.com.br/revista/article/view/176. Acesso em: 23 nov. 2024.

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Section

Artigos