Teoria da Causa Madura: por uma justiça célebre e eficaz no CPC/2015

Abstract

The Theory of Mature Cause is set out in articles 332 "caput" and §1º (associated with the first degree of jurisdiction), and article 1013, §3º (related to the second degree of jurisdiction), both of the new CPC. Through brief considerations about the apparent conflict of Constitutional Principles; in addition to incorporating the unnecessary cumulation of criteria for the application of the Institute; as well as considerations regarding the possibility of its application direct by the superior level; still transposing the innovations introduced by the New Code, namely: the use of this theory in the hypotheses of nullity of the sentence for request absence, as in cases of lack of legal grounds; and, finally, measuring the possibility of admission of it in diferent kind of appeals, it is intended, with exclusive focus on the use of this procedural instrument in what concerns its application in superior instances, to verify if, effectively, the modifications inserted in the new Legal Diploma are potential tools available to the Legal System in order to contribute to make faster the entire process of law.