Convenções processuais em matéria probatória e poderes instrutórios do juiz

Abstract

With the entry of a general clause for procedural negotiation and the expansion of the hypotheses of typical procedural agreements by CPC/15, the debate about limits that need to be observed by the parties is growing up quickly. Therefore, nowadays challenge is to make private autonomy and the civil process compatible. The issue becomes even more unsettling when it involves the analysis of procedural agreements about evidence production, mainly because these may conflict with probative initiative of the judge. Thus, this research aims to analyze the procedural conventions in evidential production, as well as the role of the judge, so that would be possible to verify the limits imposed by private autonomy.