Negociação Processual Atípica no Âmbito do Processo Coletivo

Abstract

This academic work has, as its purpose, to analyze the atypical procedural negotiation institute through the compatibility of Brazilian’s Microsystems of Collective Procedure with the Civil Procedures Code of 2015. Specifically, was studied the possibility of applying the procedural negotiation tool in its atypical modality, and from that, will be defended, through extraordinary legitimates, through authorization by procedural agreement, such as it is allowed in the individual process. To this end, the problems regarding the limits to atypical procedural negotiation in collective rights protection will be addressed, as well as the ideal procedural moment to negotiate, the extent of the legitimacy to negotiation within the collective process and the benefits that this legitimacy originates. negotiation can bring to the collective process. The study examines the application of atypical procedural legal agreement to the collective process and, thus seeks, to understand the most effective way to promote negotiation within the framework of meta-individual rights to consider the formal limits to procedural agreements and, therefore, finally, the possibility of relativization of such limits is advocated in order to achieve the best operability of the process and, as a result, the guarantees of due process of law through, the valorization of the autonomy of the will and, consequently, the implementation of the principle of self-willing in the process. In this study, with an essentially theoretical approach, the method of approach, the hypothetical-deductive, the research method of approach was utilized, as well as the bibliographic and the research technique was the indirect documentation.