Amicus Curiae
And the Procedural Exercise of Brazilian Democracy
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This book deals with the Friend of the Court, in a comparative approach between Constitutional Law and Civil Procedure, seeking to understand its origin and new role in civil actions at first instance in Brazil. Although the institute represents the procedural exercise of democracy in the country, the 2015 Code of Civil Procedure brought gaps in the procedure for its intervention, and called into question the principle of adversarial proceedings. It will be up to the doctrine to remedy this through a comparative study of the emergence of the institute in the Federal Supreme Court, in the light...
This book deals with the Friend of the Court, in a comparative approach between Constitutional Law and Civil Procedure, seeking to understand its origin and new role in civil actions at first instance in Brazil. Although the institute represents the procedural exercise of democracy in the country, the 2015 Code of Civil Procedure brought gaps in the procedure for its intervention, and called into question the principle of adversarial proceedings. It will be up to the doctrine to remedy this through a comparative study of the emergence of the institute in the Federal Supreme Court, in the light of Constitutional Law, in order to ensure the full exercise of Democracy in the country, without jeopardising the due process of law guaranteed by the 1988 Constitution of the Federative Republic of Brazil. The study aims to update legal practitioners, as well as openly inviting society to come and express itself through the Amicus Curiae in the process, enforcing the precepts of the Democratic State of Law, as well as bringing law and society closer together. The book also aims to invite countries that are not familiar with the institute to get to know it and, in the near future, to be able to make democracy viable through this procedural approach.
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