Os negócios jurídicos processuais como ferramenta de garantia do exercício da liberdade pelo processo

Abstract

This dissertation proposes the analysis of contract procedures from the perspective that regards the process as a tool to guarantee the exercise of freedom. It is argued that the right to freedom, composed of private autonomy and public autonomy, is one of the elements that integrate human dignity and, in this perspective, constitutes the objective and foundation of the Democratic State of Law. It is also held that freedom implies the need for security, which is guaranteed by legal rules, especially procedural legal rules. The civil procedure, in this way, can be considered as a guarantee of the exercise of freedom. Important fundamental procedural principles are shown to be related with the right of freedom. The relationship between the contemporary civil procedure model, marked by cooperation and balance of powers between parties and the judge, and the exercise of freedom by the civil procedure is also demonstrated. The study emphasizes the analysis of agreements to adjust procedural rules (contract procedures) as a tool that guarantees the exercise of freedom by the civil procedure, so that the flexibility of the procedural rules by the parties should not be impeded, in spite of of express provision in this regard. It is proposed the analysis of doctrinal proposals on the objective limits to contract procedures according to this premise, envisioning the possibility of revision, reorganization and simplification of the list of criteria and guidelines