A (des)necessidade da participação do juiz acerca das convenções processuais em matéria probatória
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Date
2021-05-13
Journal Title
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Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Negócios Processuais, Poderes instrutórios do juiz, Produção de provas, Contract Procedure, Probative initiative of the judge, Proof Production