- Início
- Livros E Revistas
- Recursos no Novo Código de Processo Civil
- A Busca para a Efetividade E Razoável Duração do Processo
Da lealdade processual
Autor | Lucas Naif Caluri |
Ocupação do Autor | Professor do Curso de Direito do Centro Universitário Salesiano de São Paulo - UNISAL - unidade Campinas - professor da FACAMP - Faculdades de Campinas |
Páginas | 85-86 |
Page 85
O processo é um instrumento à disposição das partes. Não possui ele o objetivo apenas de eliminar os conflitos, mas, sobretudo, o da busca da pacificação geral da sociedade.
A regra condensada no denominado princípio da lealdade visa exatamente a conter os litigantes e a lhes impor uma conduta que possa levar o processo à consecução de seus objetivos.124
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O ordenamento jurídico brasileiro repele práticas incompatíveis com o postulado ético-jurídico da lealdade processual. O processo não pode ser manipulado para viabilizar o abuso de direito, pois essa é uma ideia que se revela frontalmente contrária ao dever de probidade que se impõe à observância das partes.
Insta consignar-se que a afronta ao dever da lealdade processual acarreta o ilícito do processo, que se denota, via de consequência, em sanções processuais. O Código de Processo Civil, em vários artigos, preserva o comportamento ético dos sujeitos do processo, que, em caso de descumprimento, aplicam as sanções determinadas.
Parte da antiga doutrina entendia pela não aplicabilidade do princípio da lealdade processual na esfera processual Civil por considerá-lo instituto inquisitivo e contrário à livre disponibilidade das partes.
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