Litisconsórcio necessário: definições e pontos controversos

• Autor(a) principal: Morato, Leonardo Lins
• Data de Publicação: 2010
• 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/31583
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Litisconsórcio

The present work has as its main subject the study of the compulsory joinder from a practical and theoretical point of view, through the analysis of certain controversial themes related to that institute. Initially, we willl mention the main definitions connected to the third party joinder in general, and then we shall discuss the main points that distinguish the compulsory joinder from the voluntary joinder. Afterwards, we willl study the basis for the procedural application of the compulsory joinder institute, as well as the consequences arising from not perfecting that legal relationship within the procedure. After that, we shall analyze three controversial themes related to the compulsory joinder. This analysis will be made based on applicable commentator´s studies and judicial case law, and we shall present both conclusions and legal positioning pertaining to each theme. Finally, we willl present a general overview of the compulsory joinder institute, specially as it pertains to the practical problems arising from the application of said institute in civil procedures. This work is not intended as a complete study of its subject: the purpose of this work is to study the compulsory joinder within the greater context of procedural principles applicable to the third party joinder, in order to find solutions to the problems arising from the application of said institute