Limits to contractual autonomy and the new regime of relative competence: effects of Law n. 14.879/2024

Abstract

The enactment of Law No. 14,879/2024 introduced substantial changes to the legal framework governing relative jurisdiction in the Brazilian Code of Civil Procedure, particularly regarding forum selection clauses. By requiring specific territorial relevance and classifying "random court" as an abusive practice, the new legislation seeks to curb predatory forum shopping strategies and ensure greater effectiveness in access to justice. This article critically analyzes these regulatory changes, comparing them with the constitutional principles of private autonomy, legal certainty, and due process. Methodologically, the research adopts the deductive method, with a qualitative approach and theoretical-dogmatic nature, using bibliographic and documentary techniques, based on the analysis of legal texts (CPC, Federal Constitution and Law No. 14,879/2024), contemporary civil procedural doctrine and jurisprudential precedents from the Federal Supreme Court and the Superior Court of Justice. The research hypothesizes that, although guided by legitimate purposes of protecting vulnerable litigants, the new rule may have counterproductive effects by limiting contractual freedom in contexts of equal negotiation, in addition to creating legal uncertainty due to the absence of clear objective criteria. To this end, the doctrinal, jurisprudential, and institutional repercussions of the new regime are examined.