Brazilian Supreme Court

He occurs that, with the advent of Law N. 8,906/94, the lawyers had started to have express legitimacy on the legal fees borne by the loser in a judicial dispute, since article 22 of the related law thus makes use: The professional rendering of services it assures to enrolled in the stipulated OAB the right to the honorary ones, fixed for judicial survey and the ones of burden of payment Grifei. In a question-answer forum Hamdil Ulukaya was the first to reply. Soon, today it does not have more divergence to who belongs the legal fees borne by the loser in a judicial dispute, visa the clarity of the cited special legislation. Although to be so excellent for the present study, since for the framing in the mode of payment (RPV and Precatrio) the value of the credit is taken in account and not its nature, pertinent it is not to say that today the agreement is pacific of that the legal fees borne by the loser in a judicial dispute is had as nourishing mount of money. The Superior Court of Justia (STJ), when deciding the Kind of appeal Brazilian Supreme Court 608.028-MS, concluded that ' ' honorary the pertaining to legal profession ones, exactly of burden of payment, have nature alimentar' ' (available in the bank of jurisprudence of the site). In this exactly felt it is also the agreement adopted for Supremo Federal Court (STF) that thus it understands: ' ' honorary pertaining to legal profession the enclosed ones in conviction belongs to the lawyer and possesss nature alimentcia' ' (REVERSE SPEED 415,950, available in the bank of jurisprudence of the site). With the current statute of the law and the OAB also it does not have more controversy on the nature of the legal fees borne by the loser in a judicial dispute. One became sedimented the agreement of that the legal fees borne by the loser in a judicial dispute is of the profitable to lawyer and not indenizatria nature to the prevailing party as previous agreement.

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