Cláusula geral de negociação processual no CPC/2015: o papel do juiz no controle das convenções processuais atípicas

Abstract

This paper, through a critical view, from a bibliographical review, sought to analyze the atypical procedural conventions instituted by the Civil Procedure Code of 2015 in its section 190, and the limits to be imposed, both in the self-regulation of the parties‟ will and in the validity control exercised by the State-Judge, under the perspective of the cooperative and democratic process model. For this, it was essential to consider the debate between publicism and privatism, along to elucidating the typological classification of procedural conventions. Afterwards, it was necessary to discuss about the legal limits imposed on procedural conventions, as well as the main doctrinal interpretations of the section 190 of the Civil Procedure Code based on the performance of the Permanent Forum of Civil Processualists (PFCP). Finally, a proposal for jurisdictional action was examined, based on procedural principles, capable of safeguarding the balance between the judge's instructive powers and the parties‟ autonomy.