A liquidação de sentença cível de resultado zero

Abstract

This paper focuses on the phenomenon of the award calculation with a void result. As being an object of study eminently theoretical, answers in different ways were given as a solution to the inquiry. The phenomenon, also explored in foreign legal systems, is recurrent in the forensic practice, being necessary, on this account, detailed analysis of the subject, especially considering the institute of award calculation in the Brazilian civil procedure system, according to the dispositions of the Code of Civil Procedure of 1973 and its recent alterations. The research is effectuated based in national and alien doctrine and in the jurisprudence of the superior courts, firstly observing the occurrence of the generic request and of the illiquid sentence, according to the legal dispositions. Thus, enlarging the focus usually given to the award calculation, considering the real nature of this institute and the decisory content of the award calculation's sentence, investigates about the void value as a practical result of the liquidation, harmonizing the solution found with principles and rules that protect the claim preclusion and cover the sentence on examination.