O devido processo legal e a relevância do seu aspecto material.

Abstract

The proper legal process had its origin in England and is currently found in our Federal Constitution, year 1998. However, it is still impossible to accurately define it since it possesses such an inconsistent character. This legal process has two subdivisions: substantial and procedural. From the latter derive many procedural principles. The current research utilized a dialectic-historic juridical method, and has for a purpose to develop a thorough research on the principle used for the said legal process, emphasizing its substantial aspect. In the methodology used for the research, a bibliographical analysis of the texts extracted from the internet was applied. Ultimately, it was concluded that the principle for the so far mentioned legal process, is but a significant expression of the State of Right and thus needs to always be present at every stage of the judicial process, especially at the elaboration of laws, for it is not enough to limit the State from a procedural point of view only. As relevant as the observance of proper and legal formalities itself is the imposition of limits at the judicial creation of such formalities.