Banca de DEFESA: ANDRÉ LUIS PARIZIO MAIA PAIVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ANDRÉ LUIS PARIZIO MAIA PAIVA
DATE: 04/11/2021
TIME: 10:00
LOCAL: meet.google.com/ajm-qjra-unh
TITLE:

Procedural agreements on the fundamental right to contest

KEY WORDS:

undamental right to contest. Procedural agreements. Atypical tradingclause. Possibility of negotiating fundamental rights. Limits and Legal Regime

PAGES: 89
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Civil
SUMMARY:

The Constitution of the Republic of 1988 establishes the fundamental guarantees of theprocess, which make up the so-called constitutional due process, which is a condition for thelegitimacy of any exercise of the jurisdictional function of the State. On the other hand, theCode of Civil Procedure, in its art. 190, brings the possibility of the parties to negotiate aboutthe rules of the process, disciplining models of procedure or disposing of their onus, powers,duties and procedural faculties. There is, with the current CPC/2015, a general clause foratypical negotiation in the process. In this context, it becomes imperative to investigate “if”and “to what extent” the fundamental guarantees established in the Constitution can be theobject of negotiation between the parties. It is certain, however, that there will not be auniform answer to any and all fundamental procedural rights, requiring their individualdeepening. From this perspective, we will investigate the possibility of negotiating thefundamental right to the contradictory, investigating the factual support of the respectivestandard, identifying the precepts that emanate from it to, at the end of the research, identifywhich of them could be object of disposition by the parties to the process. Having establishedthe possibility of procedural negotiation of the fundamental right to the adversary, it isimperative to establish objective limits for the negotiation and, finally, to explain what wouldbe the legal regime applicable to the procedural business when signed by the parties andinvoked in a specific case

BANKING MEMBERS:
Interno - 1653663 - BECLAUTE OLIVEIRA SILVA
Interno - 1639871 - FREDERICO WILDSON DA SILVA DANTAS
Externo à Instituição - ANTONIO DO PASSO CABRAL - UERJ