O surgimento da sucumbência recursal no novo CPC como forma de desestímulo ao ajuizamento de demandas e recursos fadados ao insucesso

Abstract

One lives in a time when the passion for the judicial process is so great. This makes disputes that could easily be resolved by out-of-court settlement arise in the form of a lawsuit. Overcrowding in the judiciary requires that mechanisms be sought to create awareness in individuals that there are other forms of conflict resolution. The judicial process requires time and effort from all involved. Among them is the figure of the lawyer, who provides a legal service on behalf of his client. By providing a service, it must be remunerated through the fees. The figure of recursal succumbency appears as the remuneration of the lawyer for the additional work in appeal. However, this is not its only scope. To this end, the present work has proposed to reveal that the institute of recursal succumbency has as one of its objectives to avoid that unfounded resources and fruitless demands come to exist. It should be emphasized that the analysis of judicial decisions makes up a fundamental factor of the present research, to be carried out through the inductive method