THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE

THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE

The purpose of this article is to analyze the tangible increase of the parties' autonomy in the conduct of their conflicts from the perspective of the new Code of Civil Procedure, as a phenomenon of the interpretative amplification of the concept of freedom (lato sensu). The epistemic aspects o...

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Bibliographic Details
Main Author: Nikolai Bezerra Frio
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2020-12-01
Series:Revista Eletrônica de Direito Processual
Subjects:
freedom
civil procedural law
novo código de processo civil
procedural cooperative model
autonomy/self-regulation
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45611/34889
Description
Summary:The purpose of this article is to analyze the tangible increase of the parties' autonomy in the conduct of their conflicts from the perspective of the new Code of Civil Procedure, as a phenomenon of the interpretative amplification of the concept of freedom (lato sensu). The epistemic aspects of the right to liberty were analyzed for the development of this objective, establishing a dialogue based on contrasting philosophical views. Subsequently, were drawn general considerations about freedom under ethical and legal perspective. Finally, we analyzed the conceptual alteration of the autonomy/self-regulation of will in the current Code, according to the adoption of a cooperative process model.
ISSN:1982-7636

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