Processo civil e defesa do réu: contestação do fornecedor no juizado especial cívil em uiraúna.

Abstract

The reply petition is right of the guaranteed defendant's answer for the Constitution of the Federal Republic of Brazil when it prescribes to be right of the defendant the due legal process (art. 5th, LIV), the contradictory and the wide defense (art. 5th, LV). In that sense it is right of the supplier, when against him attempted a lawsuit, to come to judgement to answer to the author's pretension. It is like this that proposal a demand in Civil Special Juizados for the consumer involving the relationships of consumption of smaller complexity against the supplier, he/she will open up opportunity for this to come to defend. With the desideratum of analyzing the form as he/she trains the defense of the supplier in judgement, carried out by his/her reply she proceeded to a revision in the literature on the theme being focused the reply initially while I score of the civil procedural macrossistema, being analyzed their delineamentos as concept, beginnings, it forms, period and types of defenses that owe in her to be ventilated. Afunilando-if the study, starts to approach the defense of the supplier specifically in Special Juizados, being glimpsed the particularities brought by the Law 9.099/95 on her, as well as approaching the position or paper of some litigants that he/she has strong representativeness as suppliers. Besides, it was also focused the supplying litigant's possible material defenses in judgement, for so much bringing to the surface his/her rights foreseen by the Code of Defense of the Consumer. Of rest, in the project of verifying the existent dialogue between the exposed theoretical arguments and the judicial facts, he/she grew an empiric experiment in Civil Special Courts to small questions in Uirauna, being made a documental research in the processes filed in 2008 that involved the consumption relationships. It was verified that the supplier occupies the position by ninety percent of the habitual litigant's cases, that no succumbed for default and that very well handle the judicial machine. Also it is discovered that consumers have a lot of demands yet no answered by the judicial system considering a great proportion of favorable judicial decisions for them in Uirauna.