Princípio da instrumentalidade das formas no âmbito do processo civil: uma análise crítica de sua aplicação à luz do princípio da segurança jurídica

Abstract

This study aims to critically analyze the application of the principle of procedural form instrumentalization in Brazilian civil procedure, based on the theory of instrumental procedure developed by Cândido Rangel Dinamarco. Grounded in a theoretical-dogmatic approach, the research begins with the conception of procedure as a technique serving substantive goals, seeking to understand the historical and doctrinal development of procedural acts and their formal structure. The methodology includes doctrinal and jurisprudential analysis, with emphasis on decisions from the Superior Court of Justice, in order to identify the impact of the principle’s application on the constitutional principle of legal certainty. The work further explores the tension between the pursuit of procedural effectiveness and the risk of excessive judicial discretion, considering the interpretative limits imposed by due process of law. Ultimately, the research asks whether the strictly instrumental conception of procedure, which underlies the principle of instrumentalization of forms, fosters legal uncertainty, revealing a scenario that demands a careful balance between formalism and procedural flexibility