Negócios jurídicos processuais : análise dos provimentos judiciais como atos negociais

Abstract

The purpose of this study is to consider, without the desire to exhaust the theme, a great innovation introduced in the Brazilian legal system by the New Civil Procedure Code of 2015. It is taken into account the possibility that procedural rules may be stipulated by the disputing parties, provided that certain circumstances are met, being denominated this viability of Legal Business Procedures. The procedure of the Procedural Legal Business is based on the relaxation of the judicial demand, with the main purpose of giving more efficiency and adequacy of the procedural institutes to protect the rights to the needs of the courts. This is the first time that the procedural law has given wide scope to the self-regulation of the institute by the parties. However, it is questioned whether this extension does not violate procedural principles provided for in the Federal Constitution. Thus, in this work will be exposed doctrinal understandings on the subject with the purpose of verifying the correspondence of said procedure with the current legal order.