Christmas!

The STJ (Superior Court) decided in accordance with law signed by the 2nd section, the change in the Code of Civil Procedure introduced by Law 11.232/05 brought no change as to attorneys' fees in respect of the sentences.

According to the STJ, the law has treated the execution of sentence as complementary phase of the same process in which the credit was secured. According to the minister Beneti sydney, although the chapter of the execution of a sentence is silent when the setting of budget honorary, the systematic interpretation of the standard takes the view that arbitration is appropriate fees.

According to the documents, the special appeal was filed by a group of lawyers against Case TJ-DF (Court of the Federal District). The judges suspended the arbitration of attorney fees in the execution of a sentence. For them, this phase is simply a continuation of the process of knowledge.

The decision of the local court was reformed in the STJ. The rapporteur of the appeal, sydney Beneti minister, stressed that the party's lawyer, while still operating in the process so that the customer receives your claim, you should be paid for this work. For him, the setting of fees in the sentence takes into account only the work done up to that stage.

Following the concerns of the rapporteur, the 3rd Panel unanimously upheld the appeal relating to honorary amount of R $ 5 thousand on the part of the sentence is enforced voluntarily by the debtor.

SOURCE: Final Appeal