A boa-fé no processo civil e os mecanismos de repressão ao dolo processual

• Ano de defesa: 2009
• Autor(a) principal: Chiovitti, Ana Paula
• Orientador(a): Armelin, Donaldo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Dolo processual; Mecanismos para repressão; Boa-fe (Direito); Dolo (Direito civil) > Brasil; Processo civil > Brasil
• Palavras-chave em Inglês: Good faith; Malicious fraud; Fraudulent actions in civil procedure; Mechanisms for repression
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL
• Link de acesso: https://tede2.pucsp.br/handle/handle/8790

The objective of this work is to first analyze the good faith on civil procedure and its applicability and later, abusive and unethical conduct from the parties, aimed to distort devoted procedural institutes (as the broad defense, or right of action, for example). On a second part, it seeks to examine the ways and means of prevention and prosecution of these actions drawbacks in the Brazilian civil procedure law. Thus, analysis of national and foreign doctrine and the study of judicial decisions homelands, which helped understand how the Brazilian judges are positioning on the subject. The subject is justified in the view of the problems that the Brazilian Judiciary goes through, with the load of demands and consequent delays regarding the proceedings, as well as little, sometimes any, are effective for which depends the judicial decisions, this theme that has been sanctioned by various authors and always gathers views of all shades. It is undeniable that there are effective means to contain unfair or unethical practices of litigants; however, the timidity by which the subject is seen by the judges in Brazil, just to make, in some situations, even with the subjectivity that the issue is viewed, safe means of repression to the procedural intent. Any possibility of punishing the party that wrongly uses the civil procedure techniques, blaming it by "marginal damage of the process", unethical conduct would certainly tend to diminish or even to be abolished in our judicial system. In this context, we find that good faith, viewed from the etimologic perspective, even with its undeniable subjectivism, still is the major milestone in both the actions of the parties as a model of conduct to be followed, and the means and methods by which the judiciary must combat frivolous practices, which only cause procedural turmoil or undue delays, and never contribute to the strengthening of the democratic state of law