This book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure rooted in 18th- and 19th-century private law continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.
Through the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.
The book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.
This approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions declaratory, constitutive, condemnatory, mandamental, and executive highlighting their historical e
