The work covers the recent doctrinal discussions on the current methodological phase of the civil process and the problems surrounding the issue, containing the constitutional approach of procedural effectiveness, among others, and the ability of the process to give a quick and safe response to the legal assets protected which does not occur, often, due to excessive formalism. The judiciary today often goes through a discredit with society due to the time lapse for the outcome of their struggles. The simple work aims to bring the technical point of view on the subject based on formalism and constitutional principles.