Indenização pelos honorários contratuais com advogado

Abstract

This study aims to analyze the appropriateness of reimbursement by the losing party's contractual attorney fees paid by the prevailing party before the order changes occurred in the factual and legal arguments 2002 Civil Code, Articles 389, 395 and 404, which provided a new insight on the topic. We will hold a historical analysis, inclusive of the Roman law, about the honorary fees in order of gauging, based on the criterion finalistic, if the institute, currently, is being used in accordance with what the legislator originating advocated. Moreover, we will hold a study of comparative law, pondering its peculiarities so estimating their divergences with the Brazilian law and, consequently, proposing their approximation with what there of best of each system. It is intended to clarify the discussions established the doctrine and jurisprudence on the subject in question explicit the discussions established by doctrine and jurisprudence, about the theme in epigraph in which, based on the principles of isonomy, of due process cool, of proportionality and, mainly the of causality, we will analyze what will be the aspects positive and negative of application of this new systematic.. The aim is also to demonstrate the applicability of these articles, to the principle of full reparation, will require significant improvements in access to justice, contribute to reducing labors reckless and subsequent clearance of the judiciary as well as the regulation of the Table order of Lawyers of Brazil.