A (des)necessidade da participação do juiz acerca das convenções processuais em matéria probatória

Abstract

This is a scientific research of the Post-Graduation in Civil Procedural Law by UCSAL, in which the need for the judge's participation on procedural conventions in evidential matters is analyzed. According to the cooperative nature of the Civil Procedural Code of 2015, especially with regard to procedural legal affairs, there was an expansion of the parties' private autonomy with the inclusion of the general self-ruling clause. Thus, a doctrinal debate arose as to the procedural agreements in the matter of evidence, as there is a conflict when the interests of the judge-state and that of private autonomy are made compatible. Thus, it will be analyzed whether there is a preponderance of the evidential conventions in face of the magistrate's instructive powers, making the judicial function unnecessary, or not. Thus, in a brief study on procedural conventions in evidential matters, the need arises for a debate on the limitation of instructive powers and the link of the magistrate to the convention performed by the parties. The work was carried out with a wide bibliographic review and analysis of the doctrinal interpretations on the theme.