Análise crítica dos negócios jurídicos processuais renunciantes de provas à luz do princípio do livre convencimento judicial

Abstract

This monograph aims to analyze, from the doctrinal point of view and through of the logical-deductive method, the validity of contract procedurals wich renounces the right to evidence, in view of the principle of motivated free judicial conviction. Therefore, general guidelines of the legal business were used, especially the theory of the planes in the contract procedural, as well as the doctrinal classification. In sequence, the right to evidence was examined from a constitutional perspective, establishing the evidence as a fundamental right. For the solution of the case, two alternatives are pointed out: in simpler situations the interpreter can use the classical methods of interpretation; however, when faced with hard cases, the balancing technique should be used to resolve the dispute in the light of the concrete case. That said, it was possible to point out a viable solution, because, using the premises established at this work, it is possible to follow a safe path for the resolution of the most diverse situations involving the object that was studied.