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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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:
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45611/34889
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spelling doaj-a3363cb905a44931b0feab74595d256e2021-08-09T13:07:04ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76362020-12-01213427449https://doi.org/10.12957/redp.2020.45611THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODENikolai Bezerra Frio0Universidade Federal de PelotasThe 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.https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45611/34889freedomcivil procedural lawnovo código de processo civilprocedural cooperative modelautonomy/self-regulation
collection DOAJ
language English
format Article
sources DOAJ
author Nikolai Bezerra Frio
spellingShingle Nikolai Bezerra Frio
THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE
Revista Eletrônica de Direito Processual
freedom
civil procedural law
novo código de processo civil
procedural cooperative model
autonomy/self-regulation
author_facet Nikolai Bezerra Frio
author_sort Nikolai Bezerra Frio
title THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE
title_short THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE
title_full THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE
title_fullStr THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE
title_full_unstemmed THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE
title_sort self-regulation in the civil procedural law: the new significance of freedom granted to the parties in civil procedural code
publisher Universidade do Estado do Rio de Janeiro
series Revista Eletrônica de Direito Processual
issn 1982-7636
publishDate 2020-12-01
description 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.
topic freedom
civil procedural law
novo código de processo civil
procedural cooperative model
autonomy/self-regulation
url https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45611/34889
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