NEW CPC And The litigation EXCESS
PART 2
The JUDICIARY IN PURSUIT OF PAPER
ACTIVITY STATE OF SOVEREIGN
REGARDING ACTIVITIES
CAPABLE OF DELEGATES BE
The structures of the judiciary were modernized as in other sectors of human development, which is being observed is that advanced technology was not able to contain and manage the pent-up demand, much less give effective solutions to the large volume of cases movement always to the detriment of reach of Justice;
The first justice to be done is that the courts' decisions orientation control guided directions to ensure greater reach of justice even innovating with regard to involvement in the media and new content to decide;
There are rare times when technology advances and discoveries in desenfrear needs of the Praetorian guidance to solve the misunderstandings processes, as in the development and control of hardware, software and their uses in society or in any field knowledge, from football medicine or most advanced engineering.
The consortium of information evolves in a geometric rate and expanding the reach decisions in arithmetic speed. The logic of relations between the judiciary, its just application of media and its relation to the jurisdictional and you waive evolve, expand, the goal of achieving the geometric speed to keep up with the evolution of society.
In this sense, it hardly matters have significant advances in qualitative, quantitative in the range becomes illustrative service, encyclopedic, only serving as a reference, not reach.
The judiciary, like other state services, created the philosophical manner of ancient Greece or Rome, even in Asian developments have a common line of action, the exercise of power in favor of references that inhibit the need to exercise in favor of all.
That is, as occurs in the news release processes of the media, in which material facts guide other readers, listeners and viewers, there is the overall effect is positive because it helps other people to drive but, there is a negative effect pretentious, which is the annulment of each individual as a vital part the evolution of humanity.
Vista society by samplings in the media sector, will be no different its general roles and cancellation of the aspirations of each individual in the judiciary, having to be separated which collectively serves media social experiment or court to serve as a reference to the other users of their systems, and what needs to be respected as an individual value but not collective of state protection.
The state and individual part fiction grouped creates the fiction of the collective to be administered; administers on behalf of all without losing the idea of individual, precisely because, being the individual evolutionary concept may inspire new collective practices.
That is, when you treat the collective generally with loss of the individual, also loses the ability to feel and assess the individual under his perspective on the evolution of the collective itself.
It is precisely the individual prism born the collective and not the contrary views.
View the need, but not detailed, the need to repay the analysis function and individual application and dynamic state of judicial functions, it is reviewing the real meaning and relevance of state prerogatives for the sake of removing the excess weight, excessive burden, giving it own dynamic within reach of the same geometric progression that reveals the evolution of social facts, in view of evolution and modernity.
It is for the court to decide and enforce, how such events occur are not necessarily state functions, and, what is more fundamental, dispenses the State to be transparent in deciding.
In deciding the state must also give contenders a clear idea why it took the path it has taken in order to make clear the need for conformity or resource.
Non-core activities can be delegated if they are transparent and effectively controlled.
The judiciary of the new CPC favors the composition between the parties on the grounds, venia premise, that at the initial moment of quarrels and tempers will compose are not so high as in the course of painful lawsuit with excess resources.
I dare differ from that thought, because the evidence of the means of production in quarrels, just serve to give the parties the actual weight of their values to the contentions solution.
When the initial stage of quarrels settles is the time by which the agreement is the "delivery charge for shipping" that is, composed to prevent the State has to move forward in time and expenses solution that can be unfavorable.
This is the most common north of the composition of judges and often outside the gates what if there is as becomes shameful how to mitigate rights when applied according enforcement methods to avoid evaluation of theses weights and arguments that is undeniable prerogative of the State.
The State fails to exercise or evil exerts its prerogatives lose in credibility and belief pointless to the community that has long ago ceased to believe in the venerable state functions.
The functions that can be declined if properly controlled assignment of weights, can give the parties amainem their spirits and seek the right one and fairly the agreement or accept more harmoniously clear decisions, transparent and fair, in the sense required and invariably represent the actual weight that the evaluation of evidence delegate was assigned.
Today, the list of delegated activities that generate the restructuring of the legal scope of the actual functions of the judiciary to this conferred, and individuals, controlled by the State, the performance of transparent, fair and balanced activities of scientific assignments of weights that change the horizon in search of justice satisfaction to all without fear and without restrictions, to achieve and to assess each of ways everyone feel the comfort of being part of the whole without losing its own evolutionary perspective.
The practical aspects of this way of conceiving the procedural State, ranging from creation of the cheapest logistics structures, established in public-private partnerships with equal access for poor and rich, making it timely, giving judges the functions of judge and enforce monitor the progress of delegated assignments.
Have a vital first step to eradicating corruption decisions, remove the paper lie advisory for outsourcing advisory controlled by the judiciary, the disputing parties and the public ministry, so as to inhibit that decisions made far away from the spotlight or in the shadows of truth prevail for lack of clarity.
The development is there for providing the services own portals and derivatives, so exercise by private and public partnerships the new way to decide, and, according to the new times, feeling the reality and translating into quick and effective justice to all individually and without restrictions by JUSTICE range of removal mechanisms !!!
Happy Easter !!!
Brazil, April 5, 2015
Helium Barreto
OAB SC 7487 DF 36606 OAPT 53040C UC 2013129118
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