Procedure, Structural Process and Legal Activism

Abstract

Subject Contextualization: It examines the procedural formalism from a logical-formal structure. Furthermore, it analyzes the possibility of judicial creativity regarding procedure in structural processes. It also permeates the process as a guarantee against discretion and its maintenance as a delimited discursive field.
 Objectives: The main purpose of this article is to analyze process flexibility in cases of structural disputes, based on the proposal of the process as a guarantee institution, from which proceduralism derives.
 Methodology: For that, it uses a bibliographic-documentary analysis, using the deductive method, to infer the conclusions.
 Results: It is concluded that the legal and discretionary review of process and procedure intitutions is not valid, even in conflicts otherwise classified as structural.