Limites cognitivos à homologação judicial de acordos

Abstract

This work intends to expose and analyze transformations occurred with the advent of the new Brazilian Code of Civil Procedure and the Mediation Law with regard to cognitive limits to judicial homologation of agreement. The central issue is linked to the form of compatibility of the magistrate's performance with the will of the parties in the activity of judicial ratification of agreements, with the definition of which themes and matters may or may not be considered by the judge in this act.