These : monografias, teses, dissertações

The dissertação deals with the interpretation of the institute of the default in the civil procedural law Brazilian. The perspective was made under the procedural-constitutional prism, e is initiated with an ample historical boarding concerning the institute of the default, since the Roman historical periods until arriving in the institute of the default front at the current Code of Brazilian Civil action. Also the theories are treated that explain the default, the had terminologists reviles in the doctrine. In order better to equate the institute, mainly on account of the critical boarding how much to the effect that of it elapse - reputation of veracity of the facts affirmed for the author, dismissal of summon of the defaulter and anticipated judgment of deals-, it has a specific chapter firmed under the constitutional optics, that joust treats on the jurisprudence, the principle of the contradictory, the symbiosis between the procedural law and the material right, the search of the real truth, in confrontation with the formal truth, and the judicial activism front to the theory of the tests. Finally, the effect are dealt with the default, always under the critical perspective, objectifying to line up articles of the Code of Civil action to the constitutional optics, using itself the Brazilian doctrine and the jurisprudence.