A vedação da decisão surpresa no Processo Civil Brasileiro

Abstract

The first chapter of this monograph is directed to the study of the content of the principle of the contradictory in civil procedural law, beginning with the classical conception of the vision of this principle, that is, only its formal aspect, and then on the re-reading of the principle, with the sum of the substantive content, where in addition to the information-reaction binomial, the principle of adversary guarantees those involved in the process the effective participation in the process, the possibility of influence of the parties in the construction of the jurisdictional provision, and, even, not to be surprised by decision. The second chapter deals with the concept of surprise decision-making, foreign purchased law, which helped to structure the wrap-up of the decision-making process in Brazilian procedural law, as well as the consequence of the decision of surprise decision, that is, nullity. Finally, the third chapter deals with some hypotheses of application of the prohibition rule to issue the surprise decision, in Brazilian civil procedural law.