TEN YEARS OF THE NEW CODE OF CIVIL PROCEDURE: SOME ADVANCES AND SETBACKS

Abstract

This work aimed to discuss some of the advances and setbacks of the New Code of Civil Procedure (NCPC), as it is the main law that has come into force in the last 10 (ten) years. This was done through the logical-deductive method, based on normative, doctrinal, and jurisprudential construction, including a concrete case study to better clarify the topic and verify whether the legislator acted correctly in promulgating the new law. The analysis revealed that the new code was the first drafted in a democratic period, with massive participation from all voices in society. While not exactly the ideal law, it came closest to achieving it by simplifying civil procedural law for those subject to the law, facilitating/uncomplicating the defendant's defense, and giving special attention to conciliation, adversarial proceedings, and jurisprudential precedents. This will undoubtedly contribute to a more productive and effective forensic activity; in other words, the new law is the most advanced of all... which went backwards.