LEGAL CERTAINTY, PROCEDURAL AGREEMENTS, AND ACCESS TO JUSTICE: THE CONSTITUTIONAL DEBATE ON ARTICLE 63, §§1 AND 5, OF BRAZIL’S CODE OF CIVIL PROCEDURE

Abstract

This paper critically analyzes the amendments introduced by law n. 14,879/2024 to article 63, §§1 and 5, of the brazilian code of civil procedure, in light of ADI N. 7805. The methodology combined literature review and documentary analysis of legislative, doctrinal, and case law sources. The results indicate that, although the rule seeks to curb abuses related to forum shopping and strengthen procedural fairness, it disproportionately restricts party autonomy and undermines legal certainty in symmetrical contracts. The conclusion highlights the need to balance protection against abuses with the preservation of procedural agreements, in line with constitutional principles