Negócios jurídicos processuais: o processo como espaço para o diálogo

• Autor(a) principal: Santos, Benício Fagner dos
• 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/12119
• topic: Autorregramento; Negócios jurídicos processuais; Processo cooperativo

The Civil Procedure Code of 2015 is undoubtedly a milestone for the Brazilian procedural history. First code conceived under the aegis of the Constitution, brought new perspective to the nation’s Procedural Law. By admitting a general negotiating clause in the legal system, the new civil procedural system, in addition to expanding the typical procedural business roster, gave rise to the existence of atypical procedural transactions. Such considerations instigated the investigation of the Legal Procedural Businesses as facilitators of the procedural adequacy to the concrete case, as well as of the conjoint construction of the decisions. From that, the work 'Legal Procedural Business: The Process as a Space for Dialogue' aims to assess if judgments - produced in the light of the appropriateness of the procedure, of the conjunct and active participation and effective cooperation of the stakeholders – tend to be fairer, enjoy greater credibility and legitimacy before the court and the social sphere in which they are produced. It also seeks to know if the legal business processes make the process democratic, in so far as it makes it possible the flexibility of the proceeding, adapting it to the concrete case. In order to answer the questions and to substantiate them, it was used the bibliographical research, which basically consisted of the examination of books and scientific articles, following these stages: choice of the theme, complementary bibliographical survey, formulation of the problem, elaboration of the subject-matter’s provisional plan, reference source search, reading of the material, logical organization of the content and the writing of the text.