Negócios jurídicos processuais atípicos na execução

Abstract

The executive phase is, without a shadow of a doubt, the biggest bottleneck in the process. The 2015 Code of Civil Procedure, moving away from the privatist and publicist models of process, moves towards the cooperative model, which is more democratic and more pragmatic. It enshrines the procedural legal transactions, as a general clause of the process, applicable both to the typified hypotheses, as well as to others not typified, to allow a huge range of procedural situations that admit the search for common interests. The main objective of the present work is to demonstrate the relevance of this normative provision, and to discuss its applicability to the executive phase. It analyzes atypical legal transactions as a direct reflection of the fundamental right to freedom of the parties, speed, democracy and efficiency in the process. Jurisprudential analyzes and court decisions on unseizability, procedural communication in an atypical convention were carried out, as well as a survey in the State Court of Rio Grande do Norte, bringing results on how cooperation for the realization of atypical legal transactions has brought great results and effectiveness in demands. Finally, the conclusion is that there is no more room for such formalism, not imposing a priori limits, but always analyzing on a case-by-case basis, with a pragmatic method and that values dialogue, consensus, procedural democracy, believing that such methodologies will contribute to the improvement of the justice system and, in particular, adequate protection in civil enforcement.