The Dispositive: a evanescent principle

Abstract

The work describes the progressive corrosion of the dispositive principle produced in the Portuguese procedural law since 1926 and the corresponding imposition of a civil process based on the inquisitorial principle. To do this, it examines the evolution of the successive procedural laws, from liberal Code of 1876 until the “new” Código de processo civil of 2013 that has reached the limit of not already making reference to the dispositive principle.