This movement is one of the most important to be described. as its correct application implies an extraordinary gain in the processing of processes. as the deeds may proceed independently of the order. In order to better clarify the subject. we will address in this content what it is. what is the purpose. importance and types of ordinary acts. Follow up! Which is? Ordinary acts. also called merely ordinary acts. are all acts of a process in which there is no weight of decision on the merits. that is. these acts can be performed by notary clerks and justice assistants. It is worth mentioning that ordinary acts do not have a decisive nature regarding what was requested in the process. they are only administrative acts that to keep the process moving according to the procedural rules.
The ordinary acts are supported by the federal constitution and the code of civil procedure: federal constitution. Art. 93. Xiv: the civil servants will receive delegation for the practice of administrative acts and acts of mere expedient without a decision-making nature. Code of civil procedure. The merely ordinary acts. Such as the New Zealand Phone Number attachment and the mandatory view. Do not depend on an order. And must be performed ex officio by the server and reviewed by the judge when necessary. The purpose of the ordinary acts is to regularize the processing of cases and provide for their progress. Regardless of the judge’s manifestation. How does the ordinary act work in the new cpc? Since the civil procedure code of 1973. There has been no innovation in the provisions of the ordinary act.
Ordinary acts required action by judges. However. The procedural system was improved. Due to an analysis carried out regarding the absence of decision-making burden to explain the intervention carried out by the magistrates. As well as due to a practical issue of overload of work of the judges. From then on. Through law no. 8.952 of 1994. The cpc of 1973. Ordinary acts can be carried out ex officio by judicial servants. Then. In 2004. Constitutional amendment no. 45 included a new paragraph in the 1988 constitution. Which provides: “the civil servants will receive delegation to perform administrative acts and acts of mere expedient without a decision-making nature.