Relevant aspects of the preclusion to alter the claim in light of standing to sue requirements

Abstract

The general clause of procedural negotiation brought by article 190 of Brazilian Civil Procedure Code, 2015 radiates throughout the legal system once it opens the possibility of contradictory parties agreeing over atypical procedure contracts, what makes it unavoidable to give a new glance at civil procedure in all its dimensions, including procedural stabilities. For this reason, this text’s scope is to question to what extent objective change of claim would grant to these parties the right to modify its objective elements, in the light of the first doctrinal reflections about the subject. Furthermore, it emphasizes a conjectural look at this new device, as part of a larger phenomenon which characterizes the cooperative procedure model. In the wake of this process, it aims, through concepts brought from systems theory and theory of legal interpretation, to show how article 329, when disciplining objective claim stabilization, must clearly be read through this new light, that gives priority, above all, to parties’ interests.