M L

15.02.2012 Tiago Félix da Costa • Almedina

A (Des)Igualdade de Armas nas Providências Cautelares sem Audiência do Requerido

Tiago Félix da Costa, partner in the criminal, misdemeanor and compliance team, has published a volume on precautionary measures at Almedina.

According to the synopsis: "A study on the precautionary procedure, a fundamental figure in civil procedure and increasingly important, especially considering the dynamics of economic and social life and its growing complexity. The main aim of this work is to answer the following question: does the current legal-procedural regime of precautionary procedures without hearing the defendant respect fundamental procedural principles and rights?
Starting from that question and going through its aspects and implications, it also seeks to look at and study our civil procedure in the light of the Constitution and its fundamental principles, with emphasis on the principle of equality of arms.
Since the topic and the issues dealt with are relevant in any time and place, they are especially so when a major reform of the Code of Civil Procedure is on the horizon, guided by the urgent need to solve the problem of speed and, apparently, without any marked concern for achieving a (more) just process."