THE ATYPICAL LEGAL PROCESS AND ITS EFFECTIVENESS AFTER ONE YEAR OF VALIDITY OF THE NEW CODE OF CIVIL PROCEDURE

The atypical Procedural Legal Transaction allows the fully capable parties greater freedom and autonomy in the search for the solution to their conflicts that deal with rights that admit self-composition. The New Civil Procedure Code establishes that the parties may stipulate changes in the procedure to suit the specificities of the concrete case, agreeing upon their responsibilities, powers, faculties and procedural duties, before or during the process. In this context, the purpose of this article is to reflect on the nuances of this transaction, as well as its practical effectiveness a year after the new code came into force, through a research in the Civil Courts of Fortaleza / Ce. In order to accomplish this article a bibliographical and empirical research was used, descriptive-analytical method was used, and developed through a theoretical and practical research, whose goal was to demonstrate that the knowledge of the nuances of such transaction is essential to ensure the security of what to negotiate, enabling the effective performance of such transactions by the litigants.