Sobre a penumbra entre o direito material e procedimental: honorários advocatícios a título de danos

Abstract

The purpose of this work is to examine which legislative set should govern the setting of procedural costs, in particular attorney's fees. In most jurisdictions, the subject surrounding fees is procedural in nature and is usually dealt with in the Code of Civil Procedure. However, in the context of private international law, the possibility arises for the CISG to recover attorneys’ fees, along with other procedural costs, by means of damages. Thus, we shall analyze the lex arbitri as a manner to understand its concept and functionality, in addition to the substantive law itself, whether national or uniform, to create the understanding of where to draw this line in legal twilight zone.