Uma análise à luz do processo civil democrático sobre a possibilidade de modificação de competência absoluta e o princípio da segurança jurídica

Abstract

In a classical perspective, the procedural technique did not contemplate the participation of interested parties, just as the judicial decision did not go through the direct control of the addressees. With the arrival of neoconstitutionalism, the civil process must be understood in its democratic ideology, making the judge overcome uncritical positivism and effectively protect material law. The focus of the democratic model of process is the solution of the conflict, and no longer the simple and pure application of the law. The Civil Procedure Code of 2015 innovates and breaks the prevailing dogmatics, starting to admit that the will of the parties has an impact on the procedure and the procedural legal relationship. In this context, the research seeks to analyze the scope and limits of the formation of procedural legal business, focusing on the possibility of modification of absolute competence by the parties in the process. For this, the deductive method of approach will be used, starting with an analysis of the democratic civil process, of the formation of procedural legal business in the light of this process, to later discuss the possibility of modifying absolute competence through legal business . It is expected as a result of the research an analysis of the constitutionality of this legal business and whether it would violate the principle of legal certainty.