Condições da ação

Abstract

The present study is an analysis of the conditions of action. Theories regarding the right of action were built from the twentieth century. The legislature opted paternal theory created by Liebman, a mix between existing theories, to whom the right of action presupposes the presence requirements, called the conditions of action. The legitimacy of the party, interest and claim to act legally possible legitimate claim to be deducted in court. When missing one of the conditions of action means the grace period, the process should be terminated resolution is of merit, making formal res judicata, which allows the correction of vices and new judgement action. Liebman's theory has generated intense debate among legal writers, for the analysis of any of the conditions of action would involve analysis of the merits and a judgment of dismissal. Some advocate the abolition of the conditions of action. In an attempt to alleviate problems, created the theory of assertion, which implies the verification of the conditions of action according to the facts narrated by the author. However, tackling legal device and does not put an end to interpretation problems faced by law enforcement officers. In the wake of these debates, there is the Draft of the New Code, which keeps the interest and legitimacy to act on the part, eliminating the possibility of legal order. The compromise presented by the Commission responsible for the Draft law aims to make the procedure more cohesive, optimizing procedures in order to make more effective adjudication