Os deveres processuais do juiz no Estado Democrático de Direito : possibilidades de controle interno na jurisdição na perspectiva constitucional-processual

Abstract

This researchs aim is the role of jurisdiction, as a part of one growing concern in recent decades. It lists the duties of the judge and the requirements of developing a republican experience, able to perform the understanding of the role of civil constitution for democratic stability. Highlights the legal category of procedural duty, by the analysis of its content in the internal development of the process, then inserting it in the constitutional procedural perspective. It addresses issues concerning the language of the process, especially respect to the influence of the French Revolution, whose principles were adopted by the Constitution - freedom, equality and fraternity - and the repercussions in the civil proceedings in relation to the duties of the judge. It searches one process model suitable for the democratic rule of law and to the protection of human rights. It explains the judges procedural duty in the Brazilian Civil Procedure Code, discovering relationships and internal connections as well as the context that gives it meaning within the rule and the experience of the courts. It analyzes the behavior and the conduct required by courts concerning the judges in the courts, enhancing compliance with the good faith principle in an objective sense and the public nature of their activity. It contrasts the two ways of controlling the action of the magistrate, firstly by by liability and secondly, by an internal control, which requires a participatory process model, exercising immediate control of the parties that constitutes the judges acts with the structure s rules and the operation of this power. It stresses the role of the National Council of Justice, supervising the attention of morality and promptness.