A VEDAÇÃO À EXCEÇÃO DE DOMÍNIO EM AÇÕES POSSESSÓRIAS SOB UMA ANÁLISE NEOPROCESSUAL

Abstract

As possessory and petitionary judgments are distinct, the law prohibits the discussion of dominance within a possessory action. It turns out that Civil Procedural Law must be interpreted based on the Federal Constitution, which enshrines the fundamental guarantees of access to Justice and the reasonable duration of the process, as well as the right to property. Limitations to rights and guarantees of such nature must always occur with reasonableness and consideration, and the literal application of the law cannot mean abandoning the ideal of “fair process”. Thus, based on the hypothetical-deductive scientific method, the work seeks to demonstrate that, as Civil Procedural Law must follow Neoproceduralism, or the Constitutional Model of Process, the interpretation of infraconstitutional law must take place along these lines.