THE FORMS OF SANITATION PROVIDED FOR IN THE CIVIL PROCEDURE CODE AND THEIR INDISPENSABILITY FOR THE EFFECTIVENESS OF JUDICIAL PROTECTION

Abstract

Convincing the judge is, of course, crucial to obtain judicial protection, taking into account the binomial right seeked versus what was proved. The Judge is convinced, mainly, from the evidence produced in the process. Here arises the special relevance of the organization of the legal action, since the fxing of controversial points, through the delimitation of the questions of fact on which the evidentiary activity will fall, is essential for the parties to understand what facts the Judge needs to be convinced of. It is also preserving possible useless work of the parties in convincing the Judge of non-controversial facts, with true procedural cooperation: the parties turn their energies to what really matters in the probative phase and the judge saves time that would be spent in the production of useless evidence. The present work discusses this theme from the efectiveness and procedural economy, aiming at the discussion between, on the one hand, the suppression of the organization and sanitation of the process with its consequences and, on the other, the benefts to the Court and the parties, in procedural cooperation, by establishing the controversial points of the demands before the evidentiary phase begins.