As influências do negócio jurídico processual atípico no processo civil brasileiro

Abstract

The present monograph is the result of a theoretical analysis with the objective of identifying the importance of the procedural legal business within the Brazilian civil process, being limited its influence for this. This legal monograph initially presents the concepts of legal act and legal fact, establishing their differences and proximity. It also analyzes the figure of the legal business establishing its conceptualization and its identification as a legal act or legal fact. On the procedural point of view, he performs the conceptualization of the atypical business in addition to its history and influence in the Brazilian civil process. Through bibliographic research, legislative and jurisprudential research it was possible to achieve the objective proposed by the work. It was demonstrated that there is a lack of the State in the sense of guaranteeing greater effectiveness in the jurisdictional protection. The procedural business is shown to be an important factor for greater effectiveness of jurisdictional protection. It is up to the State to effectively promote the conduct of procedural business in order to improve its jurisdictional protection.