A realização de negócios jurídicos processuais pela fazenda pública como instrumento de efetivação do interesse público

Abstract

This work examines the possibility of making “negócios juridicos processuais” by the Public Administration. Starting from the primacy of public interest principle, it goes to the matter of the “negócios jurídicos materiais” in order to create a parameter to the analysis of the “negócios jurídicos processuais” as the Civil Procedures Code treats it in the 1973 as in the 2015 editions. At last, a specific examination is made due to prove that the Public Administration could use the “negócios jurídicos processuais” while litigating even though there are some kinds of it that does not apply to the Public Administration. The identification of the species of “negócios jurídicos processuais” that does not apply to the Public Administration is possible after an interpretation of the Brazil´s law system as a whole. The conclusion answers the research main question asserting that the making of “negócios jurídicos processuais” by the Public Administration could even be a powerful instrument to assure the public interest .