STJ confirms possibility of generic request for moral and material damage

March 28, 2018

In a decision made by Minister Nancy Andrighi, Rapporteur for the special appeal in proceedings by the 3rd class of the Superior Court of Justice, the request of the requesting Party to formulate in the original request, in addition to the list Listed rate in art. 324, § 1 of the CPC, provided that the initial petition is amended to specify the alleged equity loss, with an indication of elements capable of quantifying it when possible. Important to emphasize that, with regard to the indemnification actions, the STJ, faced with the easing of scarce legal exceptions, was pacified with the understanding that it is lawful for the author to formulate generic request for compensation for moral damage (REsp 777.219/RJ, 3rd Class, DJ 23/10/2006 and REsp 537.386/PR, 4th class, DJ 13/06/2005). In my opinion, with the advent of the new Code of Civil procedure, which, even setting general rules for the right and determined request, there is no obstacle or injury to the parties being subject to the possibility of the generic application, with all the necessary caveats . According to the minister, it is perfectly acceptable to formulate the generic application, provided that the entitlement requirements for the granting of judicial protection should prevail, therefore the sustainability of the principles of economicity and Speed. For this reason, the participation of principles to guide in the solution of the handles, those who form the basic structure of the process, and many of the times were passed unnoticed and now, in the face of innovations, fears and alterations, are beginning to appear in the legal text, In whatever forms they present, they should always be prevalent, not only in the context of procedural and constitutional law.   Lucas Nasser-Lawyer. Legal team Oton Nasser associated lawyers.


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