Nulidade de algibeira: uma análise crítica do Recurso Especial nº 1.637.515/AM

Abstract

This article analyses the thesis of the nullity of pocket, procedural maneuver in which one party leaves to claim the existence of a defect belatedly, at a time that best suits him, in the event of a defect in the citation act, considered the most burdensome in terms of civil procedure. For that, a case study will be carried out based on the judgment given by the Superior Court of Justice in REsp nº 1.637.515/AM, as well as a bibliographic review of studies on service of process, procedural good faith and procedural nullities. The aim of this work is to understand the application of the nullity theory of pocket in citation vices, correlating together with the principle of objective good faith in Civil Procedure, as well as analyzing the practical applicability of the institute and the impact of the case mentioned in judgments of the same kind.