Negócio jurídico processual atípico no novo código de processo civil e controle jurisdicional

• Autor(a) principal: Bastos, Claudia de Oliveira Leivas
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/12121
• topic: Negócio jurídico processual atípico; Controle jurisdicional; Processo cooperativo

The purpose of this monograph is to describe and analyze the atypical procedural legal business brought to the legal order by the New Code of Civil Procedure, stamped in Art. 190. The construction of the thought comes from the glimpse of the breaking of paradigms of the Brazilian civil process with The caricature of freedom and autonomy of the will in the process. The new model of procedural organization translates into a cooperative process and the participation of the parties in the process is amplified. Prima facie discusses the typical legal business already provided for in CPC/73 and bridges the Civil Code of 2002, given the assumptions for its existence. Given the breadth of the legal business it is important to analyze and investigate the system to control its size, as well as the object that can be negotiated. Caution is essential to avoid expulsion from the State Judge. If the powers of the magistrate are subordinated by the parties' actions, it is possible that the agreements reduce or even impede judicial action. In this line of thought, in the role of controller and inspector, the magistrate should intervene without violating the ideal of the democratic state of law. It also reflects on the structure of the Brazilian judiciary against demands with odd procedure. As for methodology, this research is classified as qualitative and used the deductive method that starts from theories and laws that are considered general and universal and to explain the occurrence of certain phenomena. For data collection, queries were made to recent documents and bibliographies on the subject addressed in the research. In conclusion, we can see the difficulty of the modern jurisdictional system in adapting to the new procedural instrument, be it cultural or structural.