As condições da ação como categoria jurídica autônoma no CPC/2015

• Autor(a) principal: Pucci, Alexandre Branco
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/26590
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Novo Código de Processo Civil Brasileiro; Condições da ação; Categoria jurídica autônoma; New Brazilian Civil Procedure Code; Conditions of the action; Autonomous legal category

The subject addressed has as its central focus the study of the conditions of the action as an autonomous legal category on the Brazilian Code of Civil Procedure/2015. There were not a few authors who have dedicated themselves into writing about this subject in a punctual way. For some of them, it was the end of the conditions of the action. For others, the conditions of the action are now framed as procedural assumptions. For the majority, however, the conditions of the action have continued to subsist as an autonomous concept in our positive law, belonging to the framework of the generic assumptions of admissibility of judicial protection. As a fundamental category of the procedure’s science, the conditions of the action are undeniably relevant to legal theory and practice. The (re)discussion of the importance of the conditions of the action, under the instrumental perspective of procedural law gains relevance due to the need of an interpretation focused on more effective results in the application of the procedural law, even for ethic and economical reasons. For this reason, article 330, items II e III, from the Brazilian Code of Civil Procedure/2015, determines the premature extinction of the procedure, without resolution of the merit, when the requirements of the interest to act and of the ad causam legitimacy are absent.The topicality of the theme stems from the very problem that surrounds it. The review of the conditions of the action in the light of the new positive legal system is the main object of study. Despite the absence of the expressions “condition of action” and “lack of action” on the Brazilian Code of Civil Procedure/2015, the aim is to demonstrate that besides not being confused with procedural assumptions, the conditions of the action (the autonomous category) persist in procedural order as the assumption of admissibility of the judgement of the merit. In order to reach its finality, the work was developed and structured in two main parts and distinct chapters, besides the conclusion. The first one comprises the institutes of action and procedure in which they are addressed: the structural trilogy of the procedure; the theories on the legal nature of the action; the admissibility of the procedure and the action; the procedure and the procedural assumptions; the actions and conditions of the action; and the merit. The idea was, in view of the theory of action as an autonomous and abstract right, to reveal the diverse treatment given by modern doctrine to the categories of the procedural assumptions, the conditions of the action and the merits. In the second part, the conditions of the action are addressed, since its doctrinal evolution to its generalities and legal nature, concept and enumeration, as well as an extensive and complete doctrinaire overview about the conditions of the action in the current Brazilian civil procedural law, followed by a critical and constructive analysis of the various positions on the subject. Thus, it is expected that the research work carried out may in some way contribute to the reflection and natural advancement of the studies of our qualified legal community