INSTRUMENTALISM AND GUARANTEEISM IN CIVIL PROCEDURE

WOULD IT BE POSSIBLE TO PROPOSE A CONCILIATORY ARRANGEMENT?

Authors

  • João Felipe Train de Lima Universidade Estadual de Ponta Grossa

Abstract

The debate between the perspectives of instrumentalism and garantism resonates across various themes of civil procedure. The objective of the present study is to synthesize the propositions brought forth by each school of thought, in order to explore the criticisms that can be directed towards each of them, inclusively. The question arises, as a problematic issue, whether such conceptions - which touch upon the realm of the philosophy of the process - are irreconcilable or if there is room for a point of balance capable of offering strategies for the resolution of other issues in contemporary process. Ultimately, the aim was to demonstrate that the answer to the initial problem would be affirmative, allowing for the proposal of moderate syntheses between the two theses. The methodology and research techniques employed included dialectical and qualitative methods.

Author Biography

João Felipe Train de Lima, Universidade Estadual de Ponta Grossa

Bacharel em Direito pela Universidade Estadual de Ponta Grossa (UEPG). Advogado. E-mail: joaofelipetrain@gmail.com

Capa da revista brasileira de direito e justiça. volume 7. ano 2023. issn 2595-2935

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Published

2024-08-01

Issue

Vol. 7 (2023): Fluxo contínuo

Section

Artigos

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