The President of the Supreme Court (STF), ministro Gilmar Mendes, received on Thursday (4), the chairman of the committee responsible for drawing up the draft of the new Civil Procedure Code (CPC), Minister Luiz Fux, the Superior Court of Justice (STJ). On behalf of the committee, he came to ask for a scientific collaboration of the Supreme Court in analyzing the constitutionality of proposals approved so far. "It would be inappropriate to erect a new legal system without a word of legal highest court of the country", he said.

     The minister from the Supreme Court explained that the proposals are undergoing a process of developing devices and the second step is initiated with the holding of public hearings provided for in different Brazilian states, in order to listen to all segments of society to Code to reflect the wishes of all those working in the judicial sector.

     Luiz Fux talked about the news more striking. According to him, is assumed a collective legitimacy, like a civil case collective. "An action will sometimes thousands of shares, who deal with legal defense and the result is applicable to all individual cases, ie, we have thousands of actions in the courts, we have an action that is representative of all these controversies", detailed .

     Another significant point mentioned by the minister was the reduction of appellate prodigality of the Brazilian. "No violation of defense, due process, we put out a series of incidents that give rise to various resources during the process has been furnished to the judicial response."As explained, in part sometimes has dismissed a request, but wins because in the end, saying it was useless to the bringing of the appeal. For him, a country with one hundred resources in the same case, of course you can not promise a swift justice and a judicial response arising out within a reasonable time as promised by the Federal Constitution.

     The minister also reinforced the force of law. According Fux, the courts should follow what is established by decisions of higher courts. "Not as a matter of insubordination, but pragmatically, because it is not fair to relegate citizens to fend for themselves by making him only to get the result after many years with various resources to higher courts", he said. As said, if the justice of first instance science has already settled case law of higher courts, nothing more than just apply it to the case.

   Deadline.

     According to the minister of the STJ, the prediction of delivery of the work is for the first half of this year, including the vote on the project. And Senator Jose Agripino Maia, leader of the Democrats (DEM) in the Senate, which also met with the chief justice on Wednesday, said that within the agenda of priorities for the semester, agreed with the government's leader, is a revision of the Criminal Code and the Code of Civil Procedure.

Source: STF