MENDONÇA, G. L. N.; MENDONÇA, Gicelle Lima Neves.
Abstract:
This work possesses as central focus to analyze the lawyer's responsibility in the case
of litigancia of bad-faith, if it is possible front to the Brazilian juridical ordenamento its
application. Through the exegetico-juridical method, with the use of codes, doctrines and
concerning goods the litigancia of bad-faith and the lawyer's responsibility, are looked
for to base and to emphasize the regulation need on the theme, because the current
legislation is divergente, what causes different judged. Considering the evolution of the
right processual civilian is intended through incursions in the ambit of the litigancia of
bad-faith to approach its main aspects and especially to demonstrate the lawyer when
he/she acts with blame or dolo, he/she answers solidariamente with its customer for the
damages caused the opponent, when configured the bad-faith. With that pretense,
concepts and general notions are approached on solidary responsibility, the lawyer's
function and the litigancia of bad-faith, as well as its evolutions and you act connotations
in the juridical scenery. The work demonstrates that, to leave the Code of Civil Process
of 1974, there is possibility to make responsible the part when he/she acts in a disloyal
way, and only through the Law no. 8.952 that altered it mentioned code it cannot the
judge he/she to act of occupation in a situation of that nature and still to fasten a
percentile maximum expressly as sanction. The Law no. 10.358/01 that also modernized
the Code of Civil Process, specifically in its art 14 it extends the duties processuais. It is
observed that even in the silence of the Code of Civil Process with relationship to the
lawyer's penalty, the Brazilian juridical ordenamento doesn't stop contemplating that
hypothesis, as they induce the Laws n°8.906/94 and no. 8.078/90 that discipline,
respectively, the Statute of the Legal profession and the Order of the Lawyers from
Brazil, and the Code of Defense of the Consumer. He/she stands out that is perfectly
possible to affirm that the Brazilian legislation harbors the lawyer's responsibility for the
litigancia of bad-faith when he/she acts in that way, owing the judge to apply the
sanction cabivel when recognized to the blame or dolo. It is finally, the meaning
jurisprudencial is observed that is still divergente for there not being consent among the
laws, being few judged them that apply the litigancia of bad-faith to the lawyer in
solidarity with its customer.
