(IN) VALIDITY OF ATYPICAL PROCEDURAL CONVENTIONS AND VULNERABILITY: AN ANALYSIS IN THE LIGHT OF AUTONOMY OF THE WILL

• Main Authors: Edson Freitas de Oliveira, Pedro Augusto de Souza Brambilla, Laura Junqueira
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2021-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: autonomy of the will; atypical procedural conventions; equality; vulnerability; validity control
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/53626/36319

The autonomy of the will affects not only Private Law, but also Public Law, such as Civil Procedural Law. The 2015 Code of Civil Procedure materialized this principle in several devices, showing the protagonism assumed by the parties in the contemporary procedural model. In this sense, article 190 of the new procedural law allows parties to perform atypical procedural conventions. However, its sole paragraph imposes limitations on the liberty of the parties when one of them is vulnerable. It is important, therefore, to analyze the liberty, equality and vulnerability applied in civil proceedings, delimiting how the validity control of procedural conventions by the magistrate should be carried out.