A erosão do princípio do dispositivo

• Autor(a) principal: Domingos, Pedro João Tinoco
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/54597
• topic: processo civil; princípio do dispositivo; princípio do inquisitório; princípio da cooperação; princípio da gestão processual; negócio jurídico processual; civil procedure; principle of party disposition; inquisitorial principle; principle of cooperation; principle of procedural management; procedural agreements; Direito

The subject for this dissertation is “The erosion of the principle of party disposition: a brief reflexion regarding the procedural agreements”. As such, within the scope of our study we will briefly mention the systems or models of procedure, as well as some of the fundamental principles of the civil procedure, in particular, the principle of party disposition but also the inquisitorial principle, the principle of cooperation and the principle of procedural management. Historically, the principle of party disposition has played a structural role in the civil procedure, both in light of the successive Portuguese Civil Procedure Codes, as well as in the comparative legal systems that we will mention in a timely manner. Nevertheless, this principle has suffered, over the years, a considerable erosion due to the consecutive legislative reforms in Portugal, which we will address in order to answer one question: is the principle of party disposition still a structural principle in our civil procedure? Finally, we propose to briefly analyze the subject of procedural agreements, currently much discussed in Brazil and which is characterized by the autonomy of the parties to agree upon certain aspects of the procedure. As we shall demonstrate, the civil procedure in Portugal has been acquiring public contours, so it may be questioned whether there is space, within our legal system, for such party agreements, and also, what will be the role of the judge in face of all this.