THE SELF-REGULATION IN THE CIVIL PROCEDURAL LAW: THE NEW SIGNIFICANCE OF FREEDOM GRANTED TO THE PARTIES IN CIVIL PROCEDURAL CODE

Abstract

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.

Keywords

• freedom
• civil procedural law
• novo código de processo civil
• procedural cooperative model
• autonomy/self-regulation