About this ebook
This book contends that civil procedure is a cultural, dynamic practice facing decisive inflection. Rather than treating rules and concepts as fixed dogma, it offers a critical analysis of how adjudication absorbs and responds to shifts in state ideology—from liberal formalism to welfare‐oriented publicism—and to real‐world constraints such as resource scarcity, bounded rationality, and institutional capacity. Building a comparative dialogue, this book reframes due process as a flexible, proportional safeguard and develops a pan‐procedural proportionality that balances the effort devoted to a single case against the needs of the judicial system as a whole. It examines when alternative dispute resolution should complement, not replace, public adjudication; when aggregation (class/collective actions) cures fragmentation and inconsistency; and when structural decisions are necessary to manage policy‐laden disputes with broad social effects. The argument culminates in practical proposals—stronger case management, differentiated procedures, proportional discovery, and participation calibrated to outcomes—that connect theory to practice. By asking whether civil procedure can be genuinely democratic and what “access to justice” should mean beyond mere access to jurisdiction, this book equips readers with conceptual and operational tools to redesign procedure around legitimacy, efficiency, and fairness. It is an invitation to treat procedure as informed choice: coherent premises, transparent trade‐offs, and reforms justified by culture, context, and capacity.
This book contends that civil procedure is a cultural, dynamic practice facing decisive inflection. Rather than treating rules and concepts as fixed dogma, it offers a critical analysis of how adjudication absorbs and responds to shifts in state ideology—from liberal formalism to welfare‐oriented...
Discover more
About the author
Gustavo Osna is Associate Professor of Law at the Federal University of Paraná (UFPR) and a Professor in the Graduate Program in Law at the Catholic University of Brasília (UCB). He previously taught in the undergraduate and graduate (stricto sensu) programs at the Pontifical Catholic University of Rio Grande do Sul (PUCRS). He holds an LL.B., LL.M., and Ph.D. in Civil Procedure from UFPR, where he received the Professor Francisco Ferreira Muniz Academic Distinction. An attorney and legal consultant, he is a full member of the Brazilian Institute of Procedural Law and the Brazilian Association of Constitutional Procedural Law, and the author of books and articles published in academic journals and specialized law periodicals.
Gustavo Osna is Associate Professor of Law at the Federal University of Paraná (UFPR) and a Professor in the Graduate Program in Law at the Catholic University of Brasília (UCB). He previously taught in the undergraduate and graduate (stricto sensu) programs at the Pontifical Catholic University ...
Rate this ebook
Tell us what you think.
Reading information
Smartphones and tablets
Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.
Laptops and computers
You can listen to audiobooks purchased on Google Play using your computer's web browser.
eReaders and other devices
To read on e-ink devices like Kobo eReaders, you'll need to download a file and transfer it to your device. Follow the detailed Help Center instructions to transfer the files to supported eReaders.
