Negócios jurídicos processuais: processo civil - aspectos práticos e breves comparativos funcionais das negociações processuais na esfera pública em contraface com as negociações processuais de caráter privado

• Autor(a) principal: Sandoval, Ana Teresa Magno
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26815
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Negócio jurídico; Direito Processual Civil; Contract procedure; Civil Procedure

ISSUES: Is the increase of possibilities of Procedure Negociation, brought as inovation by the newest Civil Procedure Code of 2015 attached to the Idea of Neoconcretism or Neoprivatism of the Brazilian Procedure Rules? How can the Hipothesis and Limits of Acceptance of this Innovation add to the evolution of the procedural practice? Is the subscription of this sort of negotiation admissible by the Public Conflicts Field, as it`s acts are subject to the Principle of Legality? GENERAL AIMS: This research aims to analyse how the Juridic Procedure Negotiation are able to contribute with the healthy development of Justice and procedural celerity, well as identify its extent and possibilities of aplication by the New Procedural Codification of 2015 and compare its peculiaryties betwen the public and private sector`s and spheres of aplication of the Alternative Conflict Resolution Methods. SPECIFIC AIMS: Define Juridic Procedural Negotiation; Analyse it`s extents and limits of use and Compare it`s aplication at Public and Private Sector`s negotiations. JUSTIFYING: Due to the increase of the hipothesis of use of Procedural Negotiation alowed by the New Procedural Regulation, this research intends to verify and reflect about it`s possibilities and limits, well as it`s peculiaryties when in use of the Private and Public Legal and Administrative sectors, searching to clarify and objectify it`s uses and practical possibilities, considering this object as an important tool able to help the resourcefulness of negotiations in a positive manner, stimulating procedural celerity and best resolution of conflicts in general. METHOD: This is a field of research that already exists so in this case it uses researches of expert knowledge to clarify issues related to Juridic Procedural Negotiation in modern practice, enlightened by the Newest Procedural Codification of 2015. This research was made by the bibliographic collection of important authors with the aim to explore and criate familiarity with the use of this inovation bringing to evidence matters able to guarantee it`s validity and the production of it`s effects. To study this theme, Juridical Procedure Negotiation, it will demand a research on the main aspects surrownding this institute in the sense of defining this tool and placing it in the juridical procedure ordenment to give evidence to it`s practical utility and to garantee it`s correct measures for the sake of this capacity of producing healthy effects. The material used in this research will be biblioghaphic and mostly doctrinal to induce to refletions and knowledge of substantial positions that have already been taken by renowned procedural experts and to adopt them as basis to reach the best conclusion among practical aspects of the Juridical Procedure Negotiation