A utilização dos negócios jurídicos processuais como método de gestão de risco

Abstract

The present paper aims to analyze essentially the function of the contract procedure and its current limitation, answering the following question: Can contract procedure provide an efficient method for risk management in lawsuits? To achieve this purpose, theoretical and descriptive research was carried out. Bibliographic and documental referential was used concerning procedural models, the historical relation between procedure and freedom, concepts, and interpretation of contract procedure, and, finally, assessment of its limits and economic analysis of the process regarding contract procedure. The method used was the hypothetical-deductive approach, and the procedural methods adopted were the historical, typological, and functionalist. The interpretative method was mainly systematic. With this research, it can be concluded that the current lack of definition concerning the legality of objects of contract procedure, especially through doctrine, prevents effective and efficient risk management for the procedure to be made due to the existing insecurity regarding the (in)validity of the contract procedure in case of judicial analysis.