Honorários sucumbenciais: impossibilidade de redução por equidade

Abstract

This monograph discusses the impossibility of reducing the succumbence fees for equitable assessment, the method used was bibliographic and jurisprudential research, including research in the national legislation, in force and revoked, doctrine and judgments of Brazilian courts. The general objective is to demonstrate the impossibility of reducing succumbential fees through equity. The specific objectives dealt with the brief history of advocacy and analysis of the species and nature of the fees, as well as the presentation of arguments that serve to outline the situations of use of equitable appreciation, and thus demonstrate the impossibility of using equity to reduce the honorary budget and the necessary application of § 3 of art. 85 of the CPC when it involves the Public Finance, in addition, a brief analysis of the resp. n ° 1644077 / PR that was submitted to a special court of the STJ outside the repetitive rite, with the thematic issue dealing with the reduction by equity involving the Public Treasury, in addition the themes of nº 1046 and 1076 of the STJ affected by the regime of repetitive. In the end, it was concluded that the hypothesis raised was confirmed, in the sense that the reduction of the sums of succumbent attorney fees for equity does not find support in the majority doctrine, nor in the federal constitution, nor in the civil procedure code.