A constitucionalidade do art. 285-a do Código de Processo Civil

Abstract

This presente study aims to analyze the art. 285 of the Civil Procedure Code, introduced to the Brazilian legal system by law number 11.277, which provided the judge dismissed the author's request even before the quote from the defendant, since the matter is only of law, and that has judged previously identical cases, aiming to make the legal assistance faster and more efficient. It begins by making a general approach of constitutional principles related to some civil procedures, necessary for the said article analysis. Then considerations are made about the requirements necessary for the correct understanding and application of the device, namely only in matters of law, total sentence of dismissal in other identical cases and precedents judgment. Later, the possibility of appeal will be analyzed, the right of withdrawal, the defendant´s citation, the chances of the right to appeal and loss. At the end, after reviewing the arguments inferred by ADI number 3.659, filed by The Federal Council of the Bar Association of Brazil, that calls for the unconstitutionality of the device declaration, specially for possible violation of constitutional equality, legal certainty, the right of action, the right of a prior hearing and due process, conclude that the constitutionality of the legal instrument