Negócios jurídicos processuais: o acordo processual que celebra a executividade de documento

Abstract

The present work aims at the study of contract procedures and its admissibility in the enforcement module. Initially, it will be pointed general ideas of the contract procedure, its origin in private law, the categorization within the theory of legal fact, its function and importance in the civil process, mainly, before the sistematic procedural order of CPC/15, as well as the appropriate name for the procedural business mechanism. Secondly analyzes will be carried out on the repercussion of the legal business processes on the general characteristics of execution, for that counterpoint analyzes will be made on the availability of execution and its tradicional public character, a study on the executive titles, specially extrajudicial ones, its role and legal nature, as well as an analysis on the possibility of creating a document with executive force for the autonomy of the parties's will. Fially, in order to reconcile the handling of the procedural legal business with the procedural system, the limits wich can substantiate obstacles to the procedural business, will be analyzed and, in particular, to reject possible limits that may be arguments to prevent the creation of documents that are feasible by the will of individuals.