A oralidade como meio de implementação dos objetivos do Estado democrático de direito no âmbito do processo

Abstract

The essay ́s main objective is to deal with the results of orality inside the jurisdictional process (case) and taking it as a core element of the participative contradictory considered as a fundamental right, and including many other rights. Therefore, it ́s made an historical analysis of the State and the society init ́s development through Feudal to Democratic State under rule of law model. The role of the Judiciary is studied trough these models and it ́s examined the manner on how the Law is applied, mainly considering it ́s assimilation with the coded laws - typically from the Liberal State. The content of fundamental rights is also examined, especially considering the Constitution and it ́s relation with the judicial process. Finally, gathering the elements of the Democratic State-of-law, of the judicial process and of the fundamental rights,notedly material equality, are analyzed the conditions of possibility on the development of a fair trial, illuminated by democracy and human dignity. In this context, orality emerges as an element of realizing fundamental rights.