Preclusion: initiation and perpetuation of procedural act for legal process due process security

Abstract

Procedural Law, as a branch of Public Law, plays a crucial role in regulating legal relations, standing out in the civil sphere for guaranteeing due legal process and adequate judicial protection. In this context, estoppel emerges as an essential institute, defined as the loss of the ability to perform a certain procedural act. This study seeks to highlight its importance as a principle and effective technique in the process, in addition to addressing the negative effects of its negligence. Using explanatory and bibliographic methods, this work analyzes the relevance of estoppel and its impacts on the development of the process. Preclusion, by limiting the abusive exercise of the parties' procedural powers, guarantees the effectiveness, speed and legal certainty of the process. Its absence may result in delays, additional costs and overload of the judicial system, compromising the efficiency in the delivery of judicial services. It is concluded that estoppel is essential to ensure due legal process, prevent procedural abuses and promote good faith between the parties. Its observance contributes to the efficiency of judicial provision, while its negligence can cause significant damage to the judicial system and to the timely delivery of the Judiciary's core activities.