Honorários advocatícios sucumbenciais e limites da aplicação da equidade

Abstract

This work aims to demonstrate the impossibility of setting attorneys' fees by the criterion of equity in cases involving significant amounts. To achieve this goal, it initially addresses the types of attorneys' fees, with greater emphasis on those awarded to the winning party, going through their concepts and defining their legal nature, based on the legislative and doctrinal framework. It then demonstrates the divergences between the treatment of attorneys' fees by the 1973 Code of Civil Procedure compared to that of 2015. After that, it approaches the institute of equity, going through its origins, concepts and fears of its use, arising from the ambiguity intrinsic to the term, which culminated in its limitation in legal diplomas. At this point, the problem involving the extension of its interpretation in order to reduce attorneys' fees in large cases is exposed, demonstrating this practice in the doctrinal and jurisprudential scope. Finally, it sought to analyze the jurisprudence of the Superior Courts, regarding Repetitive Topic No. 1,072 and General Repercussion Topic No. 1,255, to conclude the research demonstrating the interpretative limits of paragraph 8, of art. 85, of the 2015 Code of Civil Procedure, which go through the impossibility of setting attorneys' fees, by equitable appreciation, in large cases