What is left of Klein? Procedural reforms

statism or privatism? For a co-participative model on the new Brazilian CPC

Resumen

This essay discusses the basis on which should be understood the ideas of conparticipation and polycentrism, which partially inspired the New CPC. The problem presented was treated from the questioning of the discussion between state basis versus privatism; the analysis of Franz Klein’s warnings and the need for reinterpretation of the role of the process by the current interpreters and law applicators. It was concluded by the importance of understanding and reading the New CPC from the perspective of polycentrism and conparticipation, so that the constitutional process bias as a democratic guarantee be obtained in favor of the citizen. It’s been demonstrated, therefore, that the ideas brought by Picardi Paper written on the occasion of the liber amicorum as a tribute to the friend and Professor Nicola Picardi. about the overcoming of the dichotomy state bias versus privatism are fundamental to the achievement of the current processualistic goals.