O exercício do contraditório e o direito de influência pelo réu revel no Novo Código de Processo Civil

Abstract

The New Code of Civil Procedure promoted changes that seems to allow the effectiveness of the adversary system in the resolution of judicial claims. The new effective adversary system aims at ensuring the parties greater parity and participation to convince the judge to rule in favor of their own interests. For these purposes, the legislator established the articles 7, 9 and 10, to ensure the duty of information, the power of influence the judge’s free conviction and the prohibition of surprising decisions. Based on the exercise of the defendant's adversarial right, this paper had the scope of analyzing the possible actions of the defendant in default and the extension of the judgment by default effects, focusing on the study of the inclusion of item IV of the article 345 and the taking of evidence granted by article 349. As a result, based on the decisions of the Court of Justice of the State of São Paulo, this paper concludes towards the application of the default effects in a manner consistent with the evidential elements contained in the case file as opposed to an absolute way, under penalty of mitigating the exercise of adversarial right and the broad defense of the defendant