POINTS OF MATCHES AND MISMATCHES BETWEEN THE EXTRAORDINARY BUSINESS LEGITIMATION AND THE ASSISTANCE

• Main Authors: Debora da Silva Vieira, Rosalina Moitta Pinto da Costa, Gisele Santos Fernandes Góes
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2020-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: procedural legal business; extraordinary negotiating legitimacy; intervention by third parties; simple assistance; litisconsorcial assistance
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45595/31764

This article analyzes a possibility of extraordinary legitimation through negotiation and its effects on the institute of assistance, a mode of intervention of third parties. The search begins with the study of the theory of procedural legal facts. Then, consider the possibility of procedural negotiation for the use of extraordinary legitimacy, based on the accumulation of articles 18 and 190 of the Code of Civil Procedure. Corroborated by this feasibility, we proceed to the study of the points of convergence and divergence between an extraordinary negotiating process and simple and legal assistance negotiation, concluding that a possibility of extraordinary negotiation legitimacy presents points of contact in the assistance institutes.