Negócios processuais e legitimação ad causam no CPC/15: análise sobre a legitimação extraordinária negociada

Abstract

This paper has the scope to study the procedural agreement on extraordinary legitimation. This atypical convention comes from the joint interpretation of articles 18 and 190 of the 2015’s Civil Procedure Code, which, combining the expansion of the normative source of the procedural substitution – which used to be merely legal and now comprehends the whole legal order – to the general clause of procedural negotiation, allow the parties to establish agreements in order to transfer or to extend the legitimatio ad causam. First, the concept of procedural agreement, along with its categories and requirements will be explored. Thereafter, the procedural legitimation will be approached, with the exposition of its types, its status as a condition for action, and the change in the normative source of the extraordinary legitimation. Then, the fundamental norms that can be applied to the procedural agreements as well as the limits that they have to observe will be discussed. Finally, the agreement about the parties legitimacy will be analyzed, also assessing the possibilities of its use, the cases when it can be applied, and the problems that might arise from this utilization.