摘要：The legal rules about the invalidity of legal acts, far from deriving from an arbitrary decision by the legislator or from some natural and unchangeable law, have their origin in an intense preoccupation on the evaluative control over legal effects produced by private autonomy. The legislator has initiated such a control, in abstract, as the law establishes the causes of invalidity, and the judge must complete it, taking into account all interests and values that may interfere with the concrete case. Based on such premises, this work proposes the overcoming of the exclusively structural thought in the subject, with the abandonment of the degrees of analysis of legal acts and the flexibilization of the strict separation between invalidity and revocability. This work also defends the possibility of judicial modulation of the consequences imposed by the legal rules about the invalidity of private acts, through the perspective of the effects produced by the act.
