Arbitramento dos honorários advocatícios em caso de improcedência dos pedidos formulados

Abstract

This theme was chosen because of the need for arbitration of attorney's fees, in cases where the plaintiff's requests are rejected, in decent values to the attorney who championed the successful party, ie, the defendant, under penalty of vilification the profession. Although the Code of Civil Procedure, in article 20, paragraph 4th, provides for the attorney's fees arbitration through fair assessment of the judge, this analysis should be done in regard to the principles of equality and procedural equality. Many sentences of the lower court ignore these principles and fix attorney's fees, in cases where the plaintiff's requests are rejected, in derisives amounts, when, if the outcome of the action were otherwise, the attorney's fees must be arbitrated between 10 and 20% of the value of the conviction. In the second level of jurisdiction and even in higher instances this distortion has been gradually corrected, but still considerable number of judges who, apparently sensitive to the party that had rejected his claim, fix attorney's fees in tiny amounts, to not overburden even more, damaging, however, the lawyer who acted in the interests of the defendant and obtained a significant victory. Observed this, will be commented issues such as the capacity of demanding, the legal nature of the attorney's fee, the attorney’s legitimacy to appeal the sentence, specifically of the attorney's fee arbitration and, in the end, will be argued, to guarantee the speedy of its proceedings, the opinion that is more in line with the systematic procedure, always respecting the constitutional principles that support the subject matter of the study