The principle of legality in procedural law in transformation

Abstract

The principle of legality is a constitutional rule, provided for in article 37, which must be applied together with the other constitutional principles. The exegesis of the norm also contained in art. 8 of the CPC, - which brings the principle of legality -, is undergoing full transformation. Procedural science needs to be in line with the changes in the world. The 2015 Code of Civil Procedure revolutionizes the national process, requiring a new reading of the principle of legality. Themes such as flexibility, procedural business, judicial cooperation, creativity of jurisdiction and multi-door justice show the importance of rethinking the sources and concepts of procedural law. It could not be different regarding the principle of legality, which needs to adapt to the new procedural reality of modern society.