Negócios jurídicos processuais em matéria probatória: limites à disposição de provas pelas partes e vinculação da iniciativa probatória do juiz.

Abstract

The purpose of this paper is to analyze the possibility of legally binding the judge's evidentiary initiative to an atypical procedural agreemente that limits the evidence. Taking as a parameter the principle of cooperation between procedural subjects, the principle of adversarial proceedings and the recognition of the right to proof as optional, it was understood that procedural convention, in evidential matter, binds the parties and the judiciary, reducing their performance to some extent. If the judge eventually encounters insufficient evidence to form his conviction in the case that deals with available rigth, and on the other hand procedural convenção limiting the exercise of the evidential initiative, he must be based on the objective criterion of the burden of proof, judging at a against of the part that did not prove, as long as there is no denaturalization of due process of law and the creation of disproportionate inequalities of a litigant in relation to the other.