The primacy of the resolution of merit and the effectiveness of jurisdiction

Abstract

The main objective of the parts that search for the Judiciary to nullify its conflicts is to obtain in a reasonable time a satisfying decision, that decides the merit. In this context, the present article seeks to analyze the principle of the primacy of the resolution of merit, established as a fundamental norm, in the 2015 Civil Procedure Code, as an instrument of flexibility of forms and procedures, combating exacerbated formalism and enabling effective protection of rights. Through the deductive method, we sought to understand the evolution of legislative thinking on the subject under discussion and, objectively, to expose the innovations arising from the new procedural rule that highlights the primacy for merit in the text and in the context of the New Civil Procedure Code. Therefore, it was discussed about the fundamental norms, the procedural acts and the nullity system, where it was concluded that the new order brings us a renewal of principles, emphasizing the link between the process and the constitutional order and provide opportunities for any procedural defects to be corrected, so that the final sentence is an exceptional measure, because it ends the process, but does not resolve the conflict. It breaks with the exaggerated formalism that dominated the 1973 Code of Civil Procedure, and presents new paradigms for procedural law based on the primacy of merit.