Marchamos para o fim dos honorários de sucumbência?
Autor | Robson Zanetti |
Cargo | Advogado. Doctorat Droit Prive Université de Paris 1 Panthéon-Sorbonne. Corso Singolo Diritto Processuale Civile Univesitá degli Studi di Milano. robsonzanetti@robsonzanetti.com.br |
Ao que tudo parece, estamos marchando para o fim dos honorários de sucumbência.
Os julgados têm demonstrado que valores módicos são arbitrados a título de honorários de sucumbência, isso quando sequer o julgador os arbitra, já que em muitos casos deixa que as partes acertem os honorários com seus advogados.
O advogado ao ser contratado, normalmente faz um cálculo do que receberá do cliente e também no eventual sucesso da demanda, pois acredita numa remuneração ao final desta, a título de sucumbência, por isso, pode fazer um preço melhor. Se os honorários de sucumbência acabarem ou continuarem sendo fixados em valores módicos haverá alteração no preço de contratação atual?
Certamente que a resposta para esta pergunta estará no " mercado do direito ", é uma lei de mercado. Em Portugal por exemplo, não existe honorários de sucumbência, porém, os valores de honorários são mais elevados e me parece que também isso acontecerá no Brasil.
A não fixação dos honorários de sucumbência ou sua redução é um estimulo ao ajuizamento de ações...
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