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Article

Portuguese

ID: <

oai:doaj.org/article:f50687841eaa4d428c9e0b20ae5eae21

>

·

DOI: <

10.32586/rcda.v16i1.383

>

Where these data come from
Innovations on the Conditions of Action in the New Code of Civil Procedure

Abstract

Inicialmente, it must be recognised that the main purpose of the Democratic State of Law is to maintain order, harmony and peace in the context of relations developing in society. In that step, in so far as society develops, the legal rules must evolve. In recent decades, the 1973 Civil Procedure Law did not provide for speedy judicial disputes before the Judiciary. It was therefore imperative to replace it by the Code of Civil Procedure (CPC) of 2015. It is worth noting that access to justice is a serious legal instrument that cannot be subject to trivialisation. For that reason, conditions were imposed for the action to be brought and heard in order to grant the intended judicial benefit. At a time prior to the current procedural rule, three conditions were required for the processing of the action: interest in bringing proceedings, locus standi and legal capacity of the application. At present, the legal possibility of a claim has become an ancillary criterion to the condition of an interest in bringing proceedings. The summary of the conditions of the action (standing and interest to bring proceedings) in the current CPC tends to make access to justice fairer and faster.

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