Autocomposição: a validade do acordo extrajudicial e o arrependimento das partes

• Autor(a) principal: Rocha, Felipe Caetano
• Data de Publicação: 2020
• 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/15793
• topic: Autocomposição; Acordo extrajudicial; Validade; Arrependimento

The Judiciary Branch has suffered from a large number of demands that are filed every day, because after the promulgation of the 1988 Federal Constitution, access to justice was facilitated. To seek alternative means of resolving conflicts, the legislator modernized the Code of Civil Procedure, introducing self-composition through mediation, conciliation and arbitration, as well as the preliminary hearing to encourage attempts at amicable settlement of disputes. However, in the day-to-day activities of the law operators, it is very common to deal with extrajudicial agreements, which may or may not be brought to the attention of the judiciary through the action of ratifying an agreement. It happens that even in the face of the willingness of the parties to resolve conflicts quickly, after the agreement there may be a lack of interest from one of those involved in maintaining the agreement, or even, there may be an interest in modifying certain terms, even before ratification by the court. This event has generated doctrinal discussions about when the extrajudicial agreement is valid, as well as whether there is a right to regret after signing the document that formalizes the agreement. Based on the above, the present study analyzed the existing jurisprudence on the subject, demonstrating the way in which judges have attributed validity to extrajudicial agreements.