Requisitos e limites do negócio jurídico processual

Abstract

This study was written with the intent to analyze the national legal writing and the position of the Courts concerning the juridical proceedings in the 2015 Civil Procedure Code. The analysis about the compatibility between the procedural agreements and the public character of the procedural law were contemplated in this paper. Furthermore, this paper analyzed both the requirements of substantive law and procedural law in order to consider valid and efficient the contracts of procedure. This analysis was made due to the hybrid legal system applicable to the contracts of procedure. Among the criteria for limiting the subject of procedural agreement were: the concept of public order and public interest as limits to the procedural negotiation, the prohibition of procedural agreements concerning unalterable procedural rules, the needing for protection of the procedural equality between the parties, the respect to the due process of law, the invalidity of the procedural agreements executed about certain subjects, the needing for respect to the good faith and cooperation principles and the prohibition to the transfers of procedural costs