O "amicus curiae" no novo CPC: sua natureza jurídica positivada

Abstract

It seeks to analyze the institute of the amicus curiae from its expansion and generalization with the current express positivation given by article 138 of the new Code of Civil Procedure. Based on a bibliographical and doctrinal research the institute is mentioned from its foreign origins, passing through its trajectory in the Brazilian legal system until the positivation now mentioned, resulting from the phenomenon of procedural constitutionalisation. It highlights the importance of the amicus curiae in the process of democratization of judicial decisions and its role as pluralizer of the debate to understand the core of the study that is the real framework of its legal nature in view of the choice of the legislator of intervention of third parties. The institute's characteristics are used to approximate and / or distance the amicus curiae from other institutes that deserve attention by highlighting its peculiarities as a procedural subject and its position of impartiality to propose a new framework of its legal nature as a third atypical actor.