Aprovado projeto que pune a interposição de ações temerárias
Autor | Pereira Almeida; Sitzer Gregolin |
Ocupação do Autor | Abogado |
Páginas | #5 |
O projeto ainda depende de análise pelo Plenário da Câmara dos Deputados e do Senado Federal.
De acordo com a proposta, de autoria do deputado Paulo Maiuf, quando restar provado que houve desvio de finalidade na propositura da ação, o autor poderá sofrer pena de seis a dez meses de detenção, sem prejuízo da indenização ao denunciado por danos materiais e morais sofridos, além de multa equivalente a dez vezes o valor das custas processuais e dos honorários dos advogados.
A justificativa do projeto é a de que o ordenamento jurídico brasileiro estabelece como regra o uso da boa-fé em todas as relações humanas, devendo seus aplicadores reprimir e condenar todo ato Jurídico que estiver embasado na má-fé ou na busca de promoção pessoal.
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