Procedural negotiation with the Public Finance in the light of Jürgen Habermas' theory: exhibition and proposal for change in the writing of art. 13, §12 of law no. 13.874/2019

Abstract

The present work aims to analyze the (un)feasibility of procedural negotiation with the Fazenda Publica, in the terms proposed by the 13th article, 12th paragraph of the Law No. 13.874/2019, by Jürgen Habermas theory. The procedural negotiation on the proposed terms by the Law number 13874/2019 limits procedural negotiation to the participation of the Public Treasury and the Judiciary, excluding from the relationship with another litigant part; this confronts the Habermas proposal and the Civil Procedural Code itself because, by excluding the party that litigates with the Public Treasury from the celebration of procedural business, it escapes the model of co-participation and polycentrism, hierarchizes the public and the private and harms the isonomy in the formation of the procedural iter. Therefore, a new wording for art. 13, §12 of Law No. 13,874/2019, based on Habermas' discourse proceduralization theory, to include the party in the procedural negotiation with the Public Treasury and the judge, guaranteeing isonomy and balance between public autonomy and private autonomy. The methodology used will be dogmatic, with the use of the bibliographic review method, consisting of the technique of analyzing books, articles, theses, dissertations, legislation, reports from official bodies and resolutions on the topics to be researched.