THE PRAGMATIC CIVIL PROCEDURE AND DIALOGICAL CONSTITUTIONALISM: ASSUMPTIONS TO A DISCUSSION ABOUT JUDICIAL ACTIVISM

the present text proposes the study of the Pragmatic Civil Procedure within the reality presented by the New Brazilian Code of Civil Procedure (Lei 13.105/15). In order to do so, it carries out an introductory study on Philosophical Pragmatism, in a preliminary approach, evidencing elementary aspects of this philosophical school, and on Legal Pragmatism, dealing with themes related to this eminently legal school, such as the Economic Analysis of Law and judicial activism based, especially, on Richard A. Posner’s work. After that, it begins to analyze the repercussions of Legal Pragmatism in Brazilian Civil Procedure, focusing on the role of precedents in this new paradigm. There is also an explanation about the amicus curiae as a phenomenon associated with the typical empiricism of the pragmatic school. It then deals with the Pragmatic Civil Procedure in the face of dialogical constitutionalism. At this point, the article concludes with the advancement of legal pragmatism in Brazilian Civil Procedure, and discusses its impacts and possibilities, particularly associated to the construction of a culture of dialogue in the decision-making process, based, for example, on the work of Richard Rorty, which associates the final considerations of this work with the theoretical framework of dialogical constitutionalism