STF adopts abbreviated rite to decide on fees in question against the Treasury

In view of the relevance of the matter discussed, Minister Celso de Mello, of the Supreme Federal Court, decided to adopt the abbreviated rite in the declaratory action of constitutionality proposed by the Federal Council of the OAB

In view of the relevance of the matter discussed, Minister Celso de Mello, of the Supreme Federal Court, decided to adopt the abbreviated rite in the declaratory action of constitutionality proposed by the Federal Council of the OAB on provisions of the Civil Procedure Code that deal with succumbence fees in causes involving the Public Finance.

Minister Celso de Mello is the ADC rapporteur on Article 85 of the CPC 2015

The decision of the Dean of the STF was taken this Tuesday (7/21). When applying the procedure of article 2 of Law 9.868 / 1999 (Law of ADIs), the Plenary may analyze the cause directly on the merits, without prior analysis of the injunction request.

In the lawsuit, the OAB states that several courts have ruled out the application of paragraphs 3, 5 and 8 of article 85 of the Code of Civil Procedure, which establish the setting parameters and the methodology for applying the fees in the actions to which the Treasury is a party. , either won or won.

The entity’s preliminary injunction, which will therefore not be analyzed, requested the mandatory application of these rules immediately. According to the OAB, their departure has occurred under the arguments of affront to principles, such as equity, reasonableness and proportionality.

In the case of paragraph 8, the entity affirms that magistrates sometimes grant an expansive interpretation, authorizing the fair arbitration of succumbence fees outside of the strictly provided for in the legal text.

Celso also admitted the São Paulo Lawyers Association (AASP) and the Center for the Study of Law Firms (Cesa) as amicus curiae (friend of the court). The entities will be able to contribute to the discussion in the Plenary and make oral support.

According to lawyer Carlos José Santos da Silva (Cajé), this is “an amicus curiae request made so that Cesa, which represents more than a thousand offices in all of Brazil, can participate in this discussion within the scope of the STJ and STF, as these decisions will have an effect and effectiveness against everyone “.

Tiago Asfor Rocha Lima also explains that “the objective is to prevent the judges from setting fees subjectively, without following the rite and percentages established in the legislation. The idea is to remove this subjectivism and prevent the fees from being set at levels disproportionate to the responsibilities assumed in the cause “.

The jurist and professor Flavio Yarshell granted a pro-bono opinion to CESA and is in a favorable position to the constitutionality of the legal provisions, as well as regarding the impossibility of fixing the equity criterion outside the legal hypotheses.

Source: Conjur

https://www.conjur.com.br/2020-jul-22/stf-adota-rito-abreviado-acao-honorarios-fazenda