The regulation of procedural contracts by the National Treasury Attorney’s Office

Abstract

The new CPC brought the self-regulation of will by enshrining the procedural negotiation clause in its art. 190. It brakes with the dogma that procedural rules are non-derogable, assuming that the procedure must be adapted to the nuances of each case. An accurate analysis shows that the requirement to admit self-composition to the right under discussion is itself empty. After all, every right can be more or less composed among the interested parties. On the other hand, due to the full effectiveness of the acts performed by the parties in the proceedings, it is unnecessary - unless otherwise stated - to the judge to approve the deal. All this leads to the conclusion that the unwillingness of the public interest does not represent any objection for the National Treasure to agree in terms of proceedings. Seen in these terms, Ordinances No. 360 and 742 regulate the procedural negotiations within the National Treasury Attorney’s Office, which, after recent legislative changes, had reinforced the possibility of efficiently managing public credit. The procedural negotiations thus serves as an important tool for efficient action and to reduce litigation in Brazil.