The extended trial technique in light of the adversarial principle

Abstract

This research seeks to analyze the observance of constitutional principles, especially the adversarial procedure, by the technique of extended trial, following the inductive method, with bibliographic analysis. This technique applies to appeals, rescissory actions and interlocutory appeals, but does not apply to the incidents of assumption of jurisdiction and the resolution of repetitive claims, in addition to the necessary remittance and in judgments rendered by the plenary or special courts. Therefore, the application of the technique and the guarantee of oral argument will depend on each court's internal rules, provided they observe the constitutional principles. Thus, in order to avoid discussions on violations of constitutional principles, especially of the adversary principle, the parties and any third parties must always be guaranteed the possibility of oral argument, with the aim of influencing the judges to render an impartial decision.