Convenções probatórias

Abstract

The present work seeks to study the contracting for procedure, legislative innovation carved in art. 190 of the new Civil Procedure Code, specifically regarding the possibility of the both side´s parties to limit the proof evidence in the process. Therefore, the question arises whether there could be disposition of proof evidence, while the undeniable path of truth construction grounded the fair decision of the process. Allowing this possibility, the limits of those performances are analyzed. It came to conclusion that from the balance between the state protectionism, publicist characteristics, and the private autonomy respect, closely linked to Privatism, the celebration of such convention is possible. However, in addition Apart from the limitations of legal explicit, the judge suppletory instructive power cannot be sealed; neither can processual juridical order be violated. In this way, the principle of the both side´s establishment of the will is analyzed under both side´s optical fundamental rights, ensuring the decisions legitimacy pronounced by democratic state of right.