THE IMPORTANCE OF PRIOR HEARING IN THE PORTUGUESE COMMON DECLARATIVE PROCEDURE: COMPARATIVE NOTES WITH THE BRAZILIAN LAW

This work intends to verify if, in the scope of the Portuguese common declarative procedure and in the Brazilian common procedure, it is mandatory to schedule oral hearings in the pre-trial phase. We will conclude, through the study of the Portuguese prior hearing and the Brazilian conciliation or m...

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Published inRevista eletrônica de direito processual Vol. 21; no. 2; pp. 138 - 162
Main Authors Guilherme Brandão Gomes, Humberto Dalla Bernardina de Pinho
Format Journal Article
LanguageEnglish
Published Universidade do Estado do Rio de Janeiro 01.09.2020
Subjects
common declarative procedure
conciliation attempt
prior hearing
procedural organization
procedural subjects
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Summary:This work intends to verify if, in the scope of the Portuguese common declarative procedure and in the Brazilian common procedure, it is mandatory to schedule oral hearings in the pre-trial phase. We will conclude, through the study of the Portuguese prior hearing and the Brazilian conciliation or mediation and organization hearings, that, although the legislator intends to promote the realization of these acts after the pleading phase, they are not always carried out and that there are situations in which the procedure can take place entirely in writing until the trial phase.
ISSN:1982-7636
DOI:10.12957/redp.2020.50803