O DIVÓRCIO JUDICIAL COMO NEGÓCIO JURÍDICO PROCESSUAL: LIMITES E POSSIBILIDADES.

Abstract

This work aims to analyze the legal nature of judicial divorce as a kind of procedural legal business, indicating the limits and possibilities of the agreement so that there is no infringement of unavailable rights and public order. In this sense, under the prism of the principles of private autonomy (art. 190 of the CPC) and cooperation of the parties (art. 6 of the CPC), it was identified the possibility for the parties to change the rite of the divorce action and establish duties and obligations which will be suspended after the approval of the agreement under judicial supervision, and may even be in the clauses of compensatory maintenance between the spouses, term for the sharing of assets and regulation of custody and coexistence of incapable children. To achieve the initially intended result, the scientific research was guided by the deductive and was instrumentalized from the exploratory analysis in the relevant bibliography and in the consultation of the jurisprudential understanding issued by the Superior Court of Justice, without prejudice to the consultation in the legislation.