PROCEDURE, STRUCTURAL PROCESS AND LEGAL ACTIVISM

نویسندگان

چکیده

Subject Contextualization: It examines the procedural formalism from a logical-formal structure. Furthermore, it analyzes possibility of judicial creativity regarding procedure in structural processes. also permeates process as guarantee against discretion and its maintenance delimited discursive field.
 Objectives: The main purpose this article is to analyze flexibility cases disputes, based on proposal institution, which proceduralism derives.
 Methodology: For that, uses bibliographic-documentary analysis, using deductive method, infer conclusions.
 Results: concluded that legal discretionary review intitutions not valid, even conflicts otherwise classified structural.

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ژورنال

عنوان ژورنال: Revista eletrônica direito e política

سال: 2022

ISSN: ['1980-7791']

DOI: https://doi.org/10.14210/rdp.v17n3.p581-607