Da incongruência doutrinária e sua influência no controle de validade do magistrado às convenções processuais atípicas: uma análise sob o prisma da segurança jurídica e dos enunciados

Abstract

This study sought to address the issue of the limits of control of the magistrate's validity in the atypical procedural conventions, foreseen in the general clause of procedural negotiation of art. 190 of the Code of Civil Procedure. Based on the premise of clear doctrinal dissent, it was sought to collect as many studies of the institute as possible, in order to tackle the problem, point by point, providing arguments that are more in line with the idea of procedural-scientific autonomy of contracts of procedure. In addition, the analysis sought to link the search for greater concreteness to the general clause with legal certainty, especially regarding respect for the principle of protection of trust. Therefore, it was used a bibliographical methodology, and a comparative research. It was also concluded that the statements have an important role at the moment, because they can act as a guideline to be followed by law professionals.