Civil Process

Being thus, considering the great absence of specific studies on the execution against the Public Farm, still more on the subject treated here, he comes this work to define of concrete form and practical if the professional of the law has or not right to execute, of independent form, the legal fees borne by the loser in a judicial dispute, by means of Solicitation of Small Value RPV, when the main mount of money will be subjects to the regimen of precatrio. The legal fees borne by the loser in a judicial dispute had been introduced in our normative system through Law N. 6,355/76 that, in turn, it modified the made use one in article 20, of the Code of Processo Civil (CPC), that it started to invigorate with the following text: The sentence will condemn the looser to pay to the winner the expenditures that anticipated and the honorary ones pertaining to legal profession. This honorary mount of money will have, also, in the cases where the lawyer to function in proper cause. Before the effective Statute of the Law and the OAB, that is of the year of 1994, only art. 20 of the CPC treated on legal fees borne by the loser in a judicial dispute, thus, had, for much time, a great divergence regarding who belonged the legal fees borne by the loser in a judicial dispute. The predominant chain understood that such mount of money age of indenizatria nature e, therefore, belonged to the prevailing party, considering the expression used for the legislator ‘ ‘ to pay vencedor’ ‘. The minority chain, in turn, defended that the honorary ones fixed in reason of the burden of payment belonged to the protector of the prevailing party, that is, to the lawyer, and that they had profitable and not indenizatria nature.