Overview

The purpose of this work is to reflect on the role of magistrates in modern Brazilian society, particularly in light of the emergence of a new Code of Civil Procedure, which is governed by rules that grant them numerous powers and responsibilities. Through an analysis in light of evaluative formalism, it exposes the need to insert the process, and consequently the judge, within the idea of a cultural phenomenon, analysing their role in the social, legal, economic and political spheres. From this perspective, it is established that new legislation alone is not enough to promote progress in the advancement of justice. As a cultural phenomenon, the process must be modified from the bottom up, not from the top down. It is demonstrated that the model to be pursued is that of a magistrate attuned to an axiological view of law, in which the role of all participants in the process is valued, balancing the relationships between substantive law and process, and process and the Constitution.

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