Especialização Direito Processual Civil Contemporâneo
URI Permanente para esta coleção
Navegar
Navegando Especialização Direito Processual Civil Contemporâneo por Autor "Silva, Cláudio Eduardo Regis Figueiredo e"
Agora exibindo 1 - 1 de 1
Resultados por página
Opções de Ordenação
Artigo Científico Acesso aberto Os negócios jurídicos processuais insculpidos no artigo 190 c/c artigo 200 da Lei 13.105/2015 como instrumento de celeridade processual do sistema judiciário brasileiro: flexibilização e modificação das regras pré-estabelecidas sem afronta ao devido processo legal(2018) Daros, TalesThis is the present scientific study, with the application of the legal hermeneutics of the new Code of Civil procedure, which subliminally, in the caput of its article 190 C/C art. 200, he ended with any kind of divergent understanding of the legality of the procedural legal business, as gender in its atypical modality, of the kind procedural conventions already brought in CPC/73 in a manner expressed in article 158 of the Code Procedural repealed, seeking to understand the legal and doctrinary premises of the proposed theme, especially within its constitutionality in the face of articles 5, LXXVIII, 22, I and 24, XI of the Magna Carta, meeting the basis of the procedural principle of compliance Due process. The possibility for the parties to negotiate proceedings under the procedural assumptions of their encumbrances, faculties, duties and powers, included in that latter any active legal situation, which includes subjective rights, potestative rights and powers themselves, arrives to contemporary doctrine the understanding that the parties can even construct a new rite, suppressing procedural acts, reversing the order of their realization, altering deadlines and their forms related to practical life, among others that will be object of the present study. Thus, it is intended to bring to the applicator of the legal norm, in a superficial way, to seek more sources to form its conviction, mainly because there are few studies in this sense in view of the other matters of law, aiming at a Kind of procedural preventive law, intra or extra procedural that, without leaving the contradictory, of the broad defense and due legal process, quickly, obtain the parties involved within the consensuality and conventionality the way of solution Proceedings of the dispute without entering into the right material pre-establishment of rules that accelerate the procedural Rite externalizing the effectiveness of the State judicial provision.