Da condenação do beneficiário da justiça gratuita em custas processuais e honorários advocatícios

Abstract

The present monograph has for target to analyze the possibility of the conviction of the beneficiary of gratuitous justice in pertaining to legal profession court fees and honorary in the scope of the Brazilian civil action. For in such a way, we search to display the historical panorama of the beginning of the access to justice, since its sprouting until its current period of training of evolution, alleging its more excellent characteristics and its paper inside of the system native tributary. After such considerations, we concentrate in them in differentiating the concepts of judiciary assistance, legal assistance and gratuitous justice, soon after to discourse more at great length on the judiciary assistance, initially weaveeing commentaries on the development of its concept in the foreign doctrine, for, for last, to delineate the trajectory of the postulate in Brazilian constitutional history and its relation with the too much orders of the Great Letter. Analyzing the costs of the Brazilian civil action and the general aspects of the concession of the benefit of the judicial gratuitousness, one becomes possible then to reach the fulcral point of the work, which is, to demonstrate the necessity of the magistrate to condemn the beneficiary of gratuitous justice in the sucumbenciais obligations, never releasing, exempting or excusing him to pay the lawyer's fees costs and of the part, but yes suspending the payment, in the stated period established in law, until the change in the poverty situation that it motivated the granting of the benefit.