Honorários advocatícios contratuais, indenização, cabimento

Abstract

The purpose of this monographic work is to verify if it is possible that the party winning a lawsuit covers the expenses incurred in hiring a lawyer to assert their right in court. To arrive at a plausible answer, we will perform an etymological analysis of the term honoraria and its purpose in Roman law. An examination is also made of the historical-legislative evolution of attorney's fees in the country order, verifying their typology, purpose and legal nature. Subsequently, it is necessary to investigate whether the Federal Constitution of 1988, the Civil Code of 2002 and the Code of Civil Procedure of 2015 provide the basis for the theme proposed here. The objective is to explain doctrinal and jurisprudential discussions, bringing to light the possible positive and negative aspects of the institute under debate. All with the purpose of improving the topic under discussion and bringing legal certainty.