THE CURATIVE PROCEDURAL CONVENTION: BETWEEN THE DISPOSITIVE PRINCIPLE IN THE MATERIAL SENSE AND THE IURA NOVIT CURIA

Abstract

The present study intends to analyze which is the ambit of incidence of procedural convention constant in art. 357, §2º, of Code of Civil Procedure, which provides the possibility of consensual procedural curative acts, allowing the delimitation of the litigious object by the litigants. Starting by the study of dispositive principle in the material sense and the labor division between the judge and the parts, intends to check the reduction in incidence of iura novit curia adage on the determination of the juridical basis of causa petendi because of, precisely, the procedural convention constant in art. 357, §2º, of Code of Civil Procedure.

Keywords

• convenção, iura novit curia, processo civil, saneamento processual.