Constitutional principles and defensive jurisprudence

Abstract

This writing will focus on the so-called "defensive jurisprudence" inside Brazilian Superior Court of Justice, comparing with constitutional principles, such as access to justice and due process. The article will start from the conceptualization of the term "defensive jurisprudence", especially according to the doctrine, and from clarifications about its application during the validity of the Civil Procedure Code of 1973. The study will move towards an analysis of the guidelines of the current Code of Civil Procedure, by privileging decisions on merit - this being, even, a north that permeates all legislation -, comparing with the previous legal diploma, as well as the Federal Constitution. At the end, there will be a critical analysis of recent judgments of the Superior Court of Justice on the subject, bringing to debate the provocation that entitles this article.