O duplo grau de jurisdição no processo civil sob a perspectiva da tutela jurisdicional tempestiva e adequada.

Abstract

This monograph is intended to address the debate about the institution of "two levels of jurisdiction," as alleged constitutional guarantee of compliance required under the Civil Procedure, and specifically its implications on the constitutional principles of legal certainty and the unremovable jurisdiction. It aims to demonstrate, therefore, that the establishment of rigid repeated examinations of judicial decisions, such as primacy and unconditional maximum required, including the demands for more simplistic, and given only on questions of fact, it appears, alone, in the immediate affront to the constitutional provisions and the timing of orality. It seeks to present, including the realization that by not remaining the postulate of two levels of jurisdiction by the Federal Constitution elevation to the rank of unrestrained and untouchable guarantee for the correctness and legitimacy of civil constitutional dispensation is (at least a general and absolute) the forecast of funds for all judgments rendered therein. Taking advantage of the method of multi-disciplinary approach, it appears the non-existence, in the current Brazilian constitutional, normative imperative able to prevent the ordinary legislator perform in certain situations rationally considered, restrictions on the principle of the double degree of jurisdiction.