Convenções processuais: do realinhamento das estruturas relacionais de poder no processo civil aos padrões de controle

Abstract

The study concerns to the procedural contracts, and invites the reader to, in the first chapter, immerse in the history of the process, which reflects the forms of interaction between state and individuals throughout the evolution. In this relational stage, we briefly discuss the procedural agreement s embryo : the litis contestatio typical of the periods legis actiones and per formulas of the roman process; memory that goes back to the conception of the process of the parties , which people tried to forget after the second methodological phase of the process. After walking across the history, we will reach the current context of the jurisdiction, adequate space to the development of the procedural contracts tuned to the comprehension of process in the light of the constitutional State, which presupposes the coexist between the powers of the State-judge and the freedom (autonomy) of the parties, as well as in the definition of the process s future. In the second chapter, we intend to establish a methodological line, defining some necessary premises (to align theory and practice) to systematize the control made by the State-judge in the third chapter. The Civil Procedural Code of 2015 recognizes the potential contribution that the mechanism could offer to the improvement of the jurisdictional protection, directed to the human necessities and to the improvement of the access to justice, creating a third integrative way. The paper goes through countless consequences of the procedural agreements: the definition based on its constitutive elements, possible classifications, form of binding of the State-judge to the agreements and the systematization of the control by the judge when applied the general clause of procedural negotiations. That is an exciting theme, sometimes dense, and that dialogues with various elements both inside and outside the process. The procedural contract consists in one of the inseparable points of the relational dynamic of power in the process, suggesting how the autonomy of the parties and the public powers of the State-judge might coexist in a balanced and responsible way, over the light of the ethic and technical civil process.