The possibility of a procedural agreement concerning the independent proof of judicial approval

Abstract

The objective of this academic research, carried out through a bibliographical review, is to verify the possibility of a procedural agreement on the evidence of a judicial process and the need for judicial homologation for its implementation. First, it presents the concept of process and the changes that this institute has suffered over time, analyzing from the Theory of Legal Relationship to the Constitutionalist Theory of the Process. Next, a general analysis of the procedural businesses and their applicability through the national legal system will be carried out. It will be checked whether there is a need for judicial approval for the use of this mechanism and when the court can deny its application. Finally, it is verified the feasibility of a procedural agreement on the provisory ballast of the process. It is concluded that, given the concept of a democratic and participatory process, where it is provided as a result of what is alleged by the parties, the business conducted on the evidence is fully possible, provided it is not declared void, is a clause in contract or manifest vulnerability of one of the parties.