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The article on screen deals with the principle of the adversarial in a new perspective, namely, as a basis that guarantees the wide participation of third parties interested in the construction of the general norm present in a judicial decision through the figure of amicus curiae and Simple assistant. It is used to demonstrate that, although these institutes serve to optimise the democratic principle in the process, they are distinct from each other and guarantee equally diverse procedural powers. Thus, the principle of the adversarial is resized to encompass the decidendi ratio of a decision.

O AMICUS CURIAE E O ASSISTENTE SIMPLES NA CONSTRUÇÃO DO PRECEDENTE