Negócios Jurídicos processuais atípicos: limites e controle da flexibilização procedimental

Abstract

This study deals with atypical procedural juridical transactions, instituted by art. 190, caput, of the Code of Civil Procedure - Law no 13.105, of March 16, 2015. The study of the proposed theme is presented in the form of a bibliographical and documentary research, based on theses and theories published in books, articles , monographs, magazines and so on. with the aim of increasing knowledge about the subject. The aim of this study is to analyze the institute of procedural flexibility in non-typical procedural legal transactions, to compare the previous and current procedural legislation; the general and specific validity requirements of atypical procedural juridical transactions shall be assessed; it identifies the limits of the parties' performance in procedural flexibility and positions the Magistrate's actions in front of the institute. Once these objectives have been reached, it was possible to verify that procedural innovation, with the possibility of the parties capable of making changes in the procedure to fit the specificities of the case, as well as to conclude conventions about their onus, powers, faculties and procedural duties, when the the parties to the proceedings, has arisen in order to extend the powers and preponderance of the will of the parties to the adequacy of the procedure, since it provides for the conclusion of an agreement in addition to those provided for in the previous procedural document, thus contributing to an adaptation that more closely approximates the procedure of the actual possibilities need of the parties.