Negócios jurídicos processuais no novo código de processo civil: Lei nº 13.105/15

Abstract

The present work intends to study the procedural juridical businesses hitherto not clearly defined by the 1973 code; So that there can be better elucidation under the regulation of this institute by the new CPC, through its new procedural perspectives. Accordingly, by means of what has been stated, referring to the procedural rules which may be pre-established by the parties, the topic PROJECTIVE LEGAL BUSINESS was introduced by the new Code of Civil Procedure (Law 13.105 / 15) as a major change in the Procedural codex, bringing concepts and definitions about this institute. Through the legal provision of article 191 of the new CPC, allowing the parties to compromise on deadlines and procedures that result from a litigation arising from a legal process. Also addressing typical and atypical procedural legal business as well as business conceptions. The approach to the subject still includes the study of the new civil process code through its principles, it composes the study on the general clause of negotiation expressed in article 190 of the mentioned law n. 13.105 / 15, and its validity requirements regarding the celebration Of the juridical process, finally, the topic will be introduced, which refers to the juridical proceedings of the new CPC of 2015. In this context, it is assessed that the procedural legal business has the character of giving more flexibility to the process. However, it takes precedence over procedural principles, which comes up against this new matter admitted by the new code. Thus, it will be presented in the theme, the perspectives on both subjects, for purposes of elucidation as to the contrast of procedural rules and their constitutional principles