O descumprimento dos negócios jurídicos processuais e suas consequências

Abstract

Despite previewing an atypical procedural negotiability clause (art. 190), the 2015 Brazilian Code of Civil Procedure did not expressly establish to what discipline procedural transactions are subjected, configuring, at least apparently, a legal gap. Even before the Code came into effect, the first discussions concerning the institute regarded its validity. More recently, recognizing that procedural negotiation will be subject to subjective and objective limits, the attempt has been to understand its effectiveness. This is the object of the present dissertation: the study of the consequences of non-compliance of what had been initially agreed in the procedural contracts. In order to do so, this work started from three premises: (a) Civil Law has, in its general part, the pretension of broad regulation, not only of other branches of private law, but also of the whole legal system; (b) the procedural contracts are species of the legal transactions genre, differing from them by having a specific object (procedural legal situations); (c) by Civil Law, the consequences of obligations breaches and the non-compliance in general are already highlighted in detail. Thus, it was identified that, both in an abstract analysis, and in a concrete investigation, procedural contracts are subject to the same consequences already systematized by Civil Law for non-compliance.