Convenção processual sobre o objeto da cognição: a delimitação das questões de fato e de direito pelas partes no art. 357, §2º do CPC

Abstract

The art. 357, §2º, of CPC/15 has introduced on the Brazilian system of laws the possibility of the organization of the procedure to be carried out by the parties, who, in the exercise of their autonomy of the will, may delimit the object of the cognition of the proceeding, defining the matters of fact, on which the evidence activity will remain, and the matter of law relevant to judging the merit. In view of this new frontier of the manage of the procedure, this paper delivers an outlook on the procedural agreement in the Brazilian law system and the main aspects and purposes of the procedural organization, to then propose the reinterpretation of the brocade iura novit curia, of the disposition principle in the procedural and obligatoriness of the procedural agreement as premises for the will of the parties to be understood and respected in the cognitive activity guided by the judge of the merits. It is aimed, therefore, to outline the guidelines for facing the possibilities and limits of procedural conventions on the object of cognition, to analyze the role of the judge in its ratification and cognitive, as well as the repercussion for unrelated third parties.