Teoria dos incentivos ao negócio processual : um instrumento a mais à concretização de direitos humanos processuais

Abstract

The present work examines the possibility of creating incentives for the quantitative and qualitative increase of procedural legal transactions and the aspects surrounding the incentives - what are the sources and types of incentives, who can encourage, who can be encouraged, what can be encouraged and when and where incentives can come from. In the first stage, it begins with the contextualization of human and fundamental procedural rights, which includes procedural legal transactions, in order to extract the applicable hermeneutics to allow the greatest possible effectiveness or concreteness; from the general theory of law, highlighting the promotional function of law and the reformulation of the concept of legal norm, encompassing norms without sanction, dispositive norms and norms coupled with simple incentives; and the general theory of the legal business, clarifying the irrelevance of the will, intentionality, spontaneity, cause and reason for the existence of the legal business, not preventing the creation of incentives for its celebration. In the second stage, it delves into the surrounding aspects, with influences from classical economics and psychological-behavioral economics and other understandings about incentives, bringing various circumstances little reflected in legal texts so far and several exemplifications.