O negócio jurídico processual como fonte normativa de legitimidade extraordinária

Abstract

The purpose of this article is to examine the changes made by the Code of Civil Procedure, in its articles 18 and 190, in order to analyze the theoretical feasibility of promoting procedural legal transactions that have extraordinary legal standing as their object, as well as their possible practical implications. To do so, it begins by studying the general notions about procedural legitimacy and then analyzes the aspects of procedural legal transactions, addressing their context, concept, classifications, general clause, principles and developments. Next, it explains how the current wording of the CPC allowed the institute of extraordinary legal standing, historically exceptional, to become subject to convention through the will of the parties. Finally, it examines the presence of the institute in the world of facts, addressing possibilities and practical restrictions.