Os fundamentos filosóficos do processo

Abstract

The work is developed in the area of Philosophy of Law, with the objective of demonstrating the philosophical foundations of the process, verifying the concept of process from the idea of justice, as developed by Joaquim Carlos Salgado. To fulfill this objective, a study was carried out of the fundamental institutes of modern Procedural Law, especially based on the main italians schools of procedural thought, namely: the one that characterizes the process as a legal relationship, based on the work of Giuseppe Chiovenda; and the one that defines the process as a kind of contradictory procedure, based on the study prepared by Elio Fazzalari. In sequence, we deal with the procedural debate in Brazilian doctrine with the main representatives of procedural thought: Cândido Rangel Dinamarco; Humberto Theodoro Junior and Aroldo Plínio Gonçalves. From there, we present Joaquim Carlos Salgado's theory of the idea of justice as ethical maximum. Conclusively, we propose that the studies of Procedural Law, from the point of view of the Philosophy of the Process, move, through the dialectical method, to a unity between the formal and material law, according to a purpose, the idea of justice that is consummated in the universal declaration of fundamental rights, which is the purpose of the law as a whole, therefore, also of the process.