SOUSA, C. C.; http://lattes.cnpq.br/7016830596129638; SOUSA, Cícera Cavalcante de.
Resumo:
The present monograph objectified to give to know what make us the law, the doctrine and
the administrative and constitutional jurisprudence of the judge, in the civil procedural
relation, specifically in that concerns to its powers, duties and responsibilities. Our text
demonstrates to fit to the State to tutor the rights and guarantees of its citizens. To play this
role, the State was divided in three to be able: Executive, Legislative and Judiciary, between
which he (the state) distributes its functions. Elaboration of the laws competes to the
Legislative, to the Executive competes to executions of the laws and to the Judiciary, its
concrete application of them. From the instauration of the process i f it initiates the relation
between the three main citizens: the State-judge, author and male defendant. The judge is the
main of the procedural relation, placing itself in a different and superior plan to the one of the
parts, a time that is it who withholds to be able to lead, deed of division and materially the
process, exerting the sobering function to judge. The civil procedure law confers excellent to
be able to the judge, in the procedural relation, distributed in two species: jurisdictional and of
policy. This i f relates to the judiciary authority, in the defense of the order of the forensic
works. To be able them jurisdictional they are the used ones for the judge in the direction of
the process, and if they classify in ordinatories, instructorless and ends. To the judge also few
duties are taxes, not being the mains one, the power of the judgment. Integrated to this is the
impartial, to treat the parts with fast urbanity, to look the conciliatory solution to any time, to
judge in accordance with begin it of the legality, not to exempt himself to judge, to appeal to
the equity, to decide deals it for that the part to consider, to hinder the fraud to base the
sentence and to observe that begin it of the physical identity of the judge. The civil liability
before third for the actual damages for acts of the judge, according to some doctrines and
jurisprudences, must personally be of the judge. But a chain in the doctrine and the
jurisprudence exists, to which we agree, that it defends the responsibility of the State, with
regressive right, demonstrated the deceit of blames of the judge.