THE UNCONSTITUTIONALITY OF SUCUMBENENCY FEES AND FREE JUSTICE IN THE WORK PROCESS

Abstract

Free justice is a right to the person with insufficient resources to pay at court costs, procedural expenses and attorney's fees. Once, it is known that the succumbing fees are amounts that the Law imposes on lawyers to fix as a result of their work. Thus, when the lawyer wins a case, the judge may decide that the losing party charges the winning party's legal costs to the benefit of it. In this sense, the aim of this article was to verify the reflexes of the succumbing fees to the holders of free justice in the work processes. Therefore, a bibliographic and documentary survey was made that contributed to the theme exposed, observing the understanding brought by the doctrine and other conceptual authors.