Negócio jurídico processual

definição, limites e espécies à luz da jurisprudência do Superior Tribunal de Justiça

Abstract

The text analyzes procedural legal transactions in light of Article 190 of the 2015 Code of Civil Procedure, highlighting its function of expanding the autonomy of the parties in conducting the process. It is defined as an agreement that creates, modifies, or extinguishes procedural legal situations, respecting the limits of legality and judicial control. The author explains that such agreements can occur at any procedural stage and even in non-patrimonial proceedings, provided that the capacity and equality of the parties are observed. The Superior Court of Justice and the pronouncements of ENFAM and the Forum of Civil Procedure Specialists delimit its validity, prohibiting agreements that violate constitutional guarantees. It concludes that the institute represents an advance in the harmonization between private autonomy and due process of law, including in criminal and sanctioning areas.