Normas processuais dispositivas

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QUESTÃO ERRADA: As normas processuais não podem ser consideradas dispositivas, dado o seu caráter coercitivo.

Em regra, as normas processuais são coercitivas (cogentes), ou seja, as partes devem seguir o que ela determina. Porém, existem alguns casos em que é dada a opção para as partes agirem de acordo com sua vontade, como é o caso de suspensão do processo, eleição de foro, etc., tratando-se, aí, de normas dispositivas. Deve-se registrar que com o Código de 2015 houve um aumento da autonomia de vontade das partes dentro do processo.  

 

QUESTÃO ERRADA: Por integrarem o ramo do direito público, as normas previstas no CPC são todas de natureza cogente.

Nem todas as normas do CPC são de natureza cogente.

Fundamentação: cogentes são as normas de ordem pública. Via de regra, as normas processuais possuem essa natureza, não podendo suas disposições serem livremente acordada pelas partes. Entretanto, (e aqui consiste o erro do item), não são TODAS as normas do CPC assim, é possível falar em algumas situações processuais que a vontade das partes prevaleça (normas dispositivas), como eleição de foro, suspensão do processo)

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