Procedure flexibilization through transport of processual techniques and its legal bases: implementation by compulsory judicial adequacy or through conventional means?

• Autor(a) principal: Bufulin, Augusto Passamani
• Data de Publicação: 2021
• Outros Autores: Vilarinho, Tiago Aguiar
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/43276
• topic: procedural flexibility; transit of procedural techniques; procedural negotiation; adequacy of the procedure.; Flexibilização procedimental; Trânsito de técnicas processuais; Negócios Jurídicos Processuais; Adequação do procedimento

The present study aims to elucidate the legal foundations that indicate the possibility of free transit of special techniques between procedures and based on such findings, examines whether the transport could be effective from the so-called judicial adequacy of the procedure, in a compulsory manner. Its objective is to also investigate whether the transit can be carried out by conventional means. It is based on the premise that the CPC/2015 presents flexible procedure and is susceptible to better adaptation to continuous social changes; this adaptation, however, should occur with legal and constitutional support, in addition to submiting to criteria such as the promotion of greater procedural effectiveness. The study is based on bibliographical research and is divided into three main sections. It starts with the verification of the importance in the fundamental rules of the CPC/2015 for the understanding that the system structured by it is flexible. Then, it analyzes the procedural legal business, its subjects, and limits and, finally, it investigates the transit of procedural techniques and the possibility of its implementation from the judicial and negotiating adjustments of the procedure, concluding by the preponderance of the negotiating way, including those proposed by the judge himself, as part of the agreement.