A final and unappealable decision is not a reason for a judge

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The conclusion of an agreement between the parties to a dispute may be submitted for judicial approval at any time, even if the action has already become final and unappealable. With this understanding, the 13th Civil Chamber of the Court of Justice of Rio Grande do Sul determined the regular continuation of a request for approval of the agreement, which had been rejected by the lower court.


The litigants negotiated the settlement of a bank financing contract, in exchange for the extinction of the revisional demands and search and seizure of the financed asset (with the waiver of the deadline).

The original judge understood that B2B Lead there was no reason to grant the request, as the requested jurisdiction had already been granted. According to the decision, recognizing the terms after the final judgment would be an ''incorrect and unnecessary'' practice.

The bank involved appealed, arguing that it was possible to ratify the agreement after the sentence was handed down. He argued that, under the terms of article 840, it is lawful for interested parties to prevent or end the dispute through mutual concessions.

The rapporteur at TJ-RS, judge André Luiz Planella Villarinho, stated that the Code of Civil Procedure authorizes self-composition at any time and says that it is up to the magistrate to ''ensure the reasonable duration of the process'' (article 139).

''Furthermore, art. 840 of the Civil Code provides that it is lawful for interested parties to prevent or end the dispute through mutual concessions, so that, in the case of available property rights, it is viable to present a request for approval of an agreement even after the action has become final, in accordance with articles 841 and 843 of the same legal diploma'', he added.



Villarinho also cited article 200 of the CPC. The provision says that the acts of the parties, ''consisting of unilateral or bilateral declarations of will, immediately produce the constitution, modification or extinction of procedural rights''. The vote followed unanimously.