CONSIDERATIONS ABOUT THE CHANGES BRINGED BY THE NEW CIVIL PROCEDURE CODE IN RELATION TO SUCCUMBENCIAL FEES

Abstract

He objective of this study is to bring the reader more knowledge about the innovation that the Civil Procedure Code of 2015 provided to attorney fees, making it possible to see if it was characterized as a more complete system than the one that existed in CPC/73 and if these changes were favorable to the interests as well as the importance of lawyers in the process. In this aspect, it was possible to analyze doctrines, as well as recent jurisprudence related to the subject, seeking to find the main changes that the Code of Civil Procedure included in relation to the loss of suit fees, which are contained in article 85 of Law 13.105/15 and its numerous paragraphs. That said, the results obtained, at first, were in the sense that the reform of the CPC brought positive changes to the performance of lawyers in the process, such as the food nature of the fees, the impossibility of reciprocal compensation, the appeal fees , as well as new parameters for the valuation of fees to the Public Treasury. Thus, it should be noted that the specific objective is not to exhaust the subject of fees, but rather to analyze and comment on the substantial changes contained in that project.