Abstract

This article examines the contemporary concept of the judicial function. Therefore, was initially examined the historical evolution of jurisdiction, leaving the means of resolving conflict autotutela and autocomposicao, through Roman mediation and arbitration. It remains to be shown the origin of rudimentary jurisdiction at the institute of compulsory public arbitration in Rome, the development occurred during the Middle Ages and Modern Age, and made express reference to the views of the liberal state and the welfare state. The research is concluded with the display of the definition of jurisdiction as a state function of performance of lawful content in the present law, under rules set in the constitutional institute of the process, in line with the paradigm of the constitutional democratic state.

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