processuais

Processuais is a term used to refer to the procedural aspects of law, comprising the set of norms that regulate how judicial disputes are initiated, conducted and resolved. It designates the branch of law that governs procedures and the functioning of the courts, distinct from substantive or material law, which defines rights and obligations.

The scope of processuais includes the organization of jurisdiction and competence, the types of procedures (common and special), and the sequence of acts that make up a case. This encompasses acts such as citation, notification, defense, production of evidence, hearing of witnesses, trial, and judgment, as well as issues of deadlines, appeals, and the possible extinction or res judicata of the case. In many legal systems, the procedural rules set out the phases from the initial petition through to final resolution and enforceable decision.

Key principles underpinning processuais include due process of law, the right to a adversarial hearing and broad defense, publicity, officiality, procedural economy, and cooperation between the parties and the judiciary. These norms are often considered to be of public order and binding, shaping how courts function and how disputes are resolved. They are typically codified within civil, penal, labor, or administrative procedure codes and may differ across legal traditions.

With modernization, processuais also engages digital procedures, electronic deadlines, and digital proofs, while maintaining core protections to ensure fairness, predictability, and legal certainty in judicial processes.