Irreversibilidade nas tutelas de urgência do processo civil e sua inconsistência metafísica: ampliação e releitura em face de standards de racionalidade hermenêutico-filosóficos em prol de uma jurisdição com fins democráticos

Abstract

There are incessant and undeniable as social and legal transformations. A society lives a postmodern crisis that has several aspects closely related to a Civil Process crisis. In identifying the facet of the Civil Process crises, there is a need to investigate social evolution, especially in relation to the forms of political organization, to allow or delineate today's society pursued by democratic ends. Thereafter, primordial act is is a revelation of the positivist dogmatic juridical imprisonment of the philosophy of conscience, based on object-subject relationship, as if the “world of law” could be viewed separately from the jurist, in order to admit an overcoming by philosophical hermeneutics, in the step, with the hermeneutic virtuous circle, presses a subject-subject relationship, based on jurist belonging. In their development, there is, therefore, an approximation between Law, Sociology and Philosophy, capable of revealing scientific evidence. Such obstructions, before bringing any relevant legal/social outcome, end up creating practical obstacles, especially in the face of their phenomenological inconsistency. Necessary, therefore, is to overcome the metaphysical/legal illusion in order to achieve effective and democratic jurisdiction. The assumptions allow to allow a desconstructivist analysis within the Civil Process embodied in an uncritical analytical matrix. More specifically, a finding that irreversibility, as a negative requirement for the granting of urgent relief, is legislative in both the 2015 Civil Procedure Code and the 1973 Civil Procedure Code, defended by much doctrine and case law, isn't phenomenologically permissible. As such, his admission to our legal system stems from a specialist in legal positivism, compared by the philosophy conscience, who very well attends to enlightened liberal analysts, but who are no longer assisting post-positivism, calculated in philosophical hermeneutics, disregarding the objective of a constitutional democratic jurisdiction.