A teoria da causa madura: alcance e limites do art. 515, § 3º do Código de Processo Civil
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2010-06
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Sousa, José Augusto Garcia de
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The theory of the mature cause intends to improve the jurisdictional service. The possibility given by this theory allowing the court to judge the lawsuit directly, in case of premature extinction of the lawsuit without considering the merit, abbreviates the procedure in a very reasonable way, without violating any constitutional principle. This institute is located in the appeal's section in the Procedure Civil Law Code. However, the geographic location can't be an obstruction of the correct interpretation to be given to this theory. The benefits that can be extracted from this theory and the constitutional mission in improving the jurisdictional system permit an extensive interpretation in order to make possible the application of this theory to others remedies, such as interlocutory appeal. Therefore, this end of course paper intends to show that is possible to extend the effects from the Theory of the Mature Cause to others remedies in order to improve the jurisdictional system for the society.