As reformas processuais macroestruturais brasileiras - 26.2 (original) (raw)

Brazilian procedural reform's motion, in both criminal and civil spheres, has followed a pragmatic line on certain issues that distort the perspective of the democratic rule of law. This essay seeks to establish a study of the stages of the legislative process for effecting macro-structural procedural reforms which are appropriate to the democratic rule of law, thus allowing due process of law with a guarantee of citizen participation. In the proposed methodology for a procedural reform, the adequacy of the constitution and the constitutional process model has been assumed in distinguishing the following stages: previous diagnosis, defi ning the structural bases of the reform, formulation of the draft, public debate of the draft, legislative processing, the period of vacatio legis and, fi nally, monitoring of legislative reform and determination of the adequacy of it. As the preparatory and fi nal stages of the legislative process are delimited, we shall analyze Brazilian civil and criminal procedural laws up to the present time.