Considerações ao artigo 285A do Código de Processo Civil

Abstract

The presente study proposes a study about the article 285-A, introduced by the law 11.277 / 2006. The question in analysis is very relevant, was introduced as by the legislature in order to accelerate the installment jurisdictional. With the judiciary crowed process, the legislator was obliged attack in a precise precisely the causes that hinder the effective adjudication. One of the forms in that the legislator to attack the processes that lock our judiciary was justly the creating of article 285-A. The creation this article was started a conflict understandings of the most diverse, and they, the principal about its constitutionality. We will cover all questions relevant of this article: the wording, the purpose of its creation, the existence or not, of discretion of judgment 1st degree, the absence of citation of the defendant, the ADIN proposed by the Federal Council of the lawyers of Brazil, the violation of constitutional principles, finally, we will seek to update the reader on various topics involving article 285-A