A cláusula geral de negócios jurídicos processuais e seus limites legais

Abstract

The purpose of this work is to analyze the limits imposed by the legislation at the general clause of legal procedural business, which had been introduced in the legal order of Brazil with the advent of the New Code of Civil Procedure, bringing in its bulge, precisely in article 190, §u, the possibility of parties litigating stipulate modifications in the traditional procedure of the process, as a form of greater effectiveness and speed. Not having a legal provision for the use of that legal institute, it is necessary to draw the limits for a correct use of the institute, failing to do so, to commit flagrant violations of guiding principles of legal science. Thus, the work aims, in an objective way, to draw the limits to the institute of the atypical procedural legal business, under the prism of a systematic interpretation of the Brazilian legal system.