O negócio jurídico processual atípico sobre a execução civil

Abstract

The present study studies the possibility of celebrating the atypical procedural legal transaction on the stage of civil execution with respect to compliance with judgment or execution. The atypical procedural legal transaction is admitted by art. 190 of CPC / 2015 and allows the subjects in the process to negotiate on the procedure and procedural situations, so that they are better suited to the particularities of the demand. The norm of art. 190 of CPC / 2015 enshrines the principle of self-will in the process and supports the cooperative model of process adopted by the current Code in its art. 6th. It is based on this premise the thought about its celebration in the scope of the civil execution, so that its admissibility is analyzed before the mentioned principles. For the verification of the possibility of atypical procedural bargaining in the scope of civil execution, the atypicality attributed to all types of civil obligations by the provisions of art. 139, inc. IV CPC / 2015 and its joint interpretation to art. (Article 774 CPC / 15), and the typical executive legal business existing in the Code, considering them as the basis for the possibility of entering into the atypical legal process business on civil enforcement.