Princípio da congruência no processo civil(setença e Pedido)
AUTOR(ES)
Vallisney de Souza Oliveira
DATA DE PUBLICAÇÃO
2002
RESUMO
In the first title, the subject is delimitated, concepts are formulated and related to the demand, the defense, lhe sentence and to lhe origin of lhe term congruence and lhe like, in order to form the introductory basis and to expose the necessary premises for lhe development ofthe theme. In the second lide, the focus is on the historical evolution related to the limits of decision-making powers vis-à-vis the demanders wish in the proceedings. This evolution starts with the Ancient Rome, going through the medieval canonic law and medem liberalism, which has lead to the paroxysm of the activity connected to the Judge as to the pretenses of the parties till our days. Moreover, through the comparison IDade between the congruence principIe of the national law and the foreigner systems, like the German, the Spanish and ltalian coes, it is possible to realize, as a mIe, a kind of similarity between them alI. The third lides deals with the congruence and its relationship with other relevant principIes, like the device where it practically derives from, i.e. the contradictory that reinforces the hindrance to the extra and ultra petita verdicts, as well as the principIe of the jurisdiction unavoidability, which algo establishes the basis for lhe prohibition of the cifra petita judgment. In the fourth title, the demand, with especial attention to the elements of the initial petition, is studied, mainly the cause of action. The defense -, preliminary and meritorious is also analyzed - established at contestation, without neglecting other manifestations by lhe defendant like lhe countersuit and the opposed request. In the fifth title, the requests species and accumulation are ana1yzed, as well as the sentence content, precision and completeness. In the sixth and last title, lhe objective congruence of the sentence is ana1yzed in connection to the mediate and immediate request; the vices of the void sentence as it decides on ultra, extra and citra petita and lhe respective treatment given by lhe ad quem body vis-à-vis the procedural ordinance and of lhe Court decisions is algo treated, as well as the private cases related to the theme, amongst which the specific guardianship, interests, action ofpaternity inquiry, ownership, cautionary and accidental actions
ASSUNTO(S)
sentence processo civil -- brasil direito principle of the congruence sentenca principio da congruencia
