Ética Processual Civil: por uma Hermenêutica Constitucional Emancipatória

Abstract

The purpose of this text is to clarify the idea that the procedural subject must conduct himself ethically in the process in order to enjoy broad access to justice. The research is bibliographical and is used, in the questioning of practices, of legal concepts and the relation of law to ethics, of reflexive and critical thinking as methodological tools. Texts of Brazilian authors, pertinent to the Philosophy of Law, Constitutional Law, Civil Law and Civil Procedural Law, were consulted, and some materials referring to Portuguese and Uruguayan doctrine were also used as support material, given their acknowledged contribution to the Subject, in particular, to the performance of procedural subjects. From the analysis, it was concluded that before the crisis experienced by the legal education in Brazil, unfortunately, the expected conduct of the procedural subjects does not find correspondence in the forensic practice. In fact, what is usually found in the national juridical routine are attitudes devoid of ethical concepts, which may, therefore, be considered as real acts typified in the procedural legislation as bad faith litigation. Thus, only from a considerable improvement in national legal education, is it assumed that the long-awaited emancipatory hermeneutic of access to justice will be achieved.