Negócio Jurídico Processual Reflexões sobre a Flexibilização Procedimental

Abstract

The study presents an analysis of how the legislative changes brought about by the new Civil Procedure Code of 2015, especially the creation of procedural legal transactions, can meet the needs of a society undergoing intense social, technological and economic transformation. Indicating that there was a true procedural deficit in the 1973 code and that the NCPC sought to make the process more dynamic, participatory and aligned with new social realities. Thus, going through the analysis of procedural flexibility and the active role of the parties and the judge in building a procedure that meets their needs, it demonstrated that the resolution of the conflict and the provision of jurisdiction becomes faster, fairer and more effective. Furthermore, it demonstrated that flexibility, together with an appropriate procedural technique, results in progress in adapting the law to new social transformations, with the guarantee of fundamental rights. Corroborating the social changes marked by the search for expanded access to justice and the dematerialization of information. In this sense, the research is based on the deductive method, analyzing the doctrine and legislation on the subject.