Abstract- The role of the negotiating forms in the reality of trafficking is a constantly in progress issue, marked in depth by the axiological and practical tensions that the legal system and the market are acting at any time. The analysis of the case studies highlights a consolidated tendency in the jurisprudential form to an increasingly extended application of the form precepts, also in relation to those cases that should be completed without formal charges. Therefore a renewed verification of the persistent vitality in the system is justified principle of freedom of forms and its effects on the concrete exercise of private autonomy.
Keywords – Forms of negotiation, freedom of form, private autonomy, rule/exception.