Post by messi05 on Jan 23, 2024 21:50:03 GMT -8
The Judiciary does a fundamental job in combating the volume of legal actions, making a lot of effort through its collaborators in terms of productivity, just evaluating that more than 100 million cases were processed in the Judiciary in 2015, according to a report by the National Council of Justice of 2016. Note that, without a doubt, Brazil is a country with many aspects brought to the forefront of Justice, a fact that only reinforces the power of the democracy we live in, with strong State action to resolve impasses.
Furthermore, the concern of the new Code of Civil Buy Phone Number List Procedure with the volume of actions is latent, precisely when it foresees strong work by conciliators and mediators, important points for us to achieve the effectiveness of Justice as soon as possible, something so sought after by us, jurists. The fact is that, even though there is great concern among all legal entities with assistance to the Judiciary, we have that some actions are proposed solely to postpone administrative aspects or various payments (with caution in the analysis) and, in this aspect, the action revision sometimes loses the scope of balancing a contract with erroneous points, but rather, the ability to try to stop an undue payment or collection in court.
With this and after some discussions in a revisional action with final and unappealable judgment, we assess that there is a tendency for some litigants to claim prescription of a certain contract, charge or contractual clause, however, such an understanding should not prosper, whether for technical or material reasons and formal, as we will now explain with emphasis. Revisional Action Revisional action, in itself, is the demand proposed by the consumer or client (whether an individual or legal entity) against companies or not in general (broad sense), aiming to review provisions or contractual clauses existing in a contractual agreement, provoking the Power Judiciary for manifestation or equalization of contracts in whole or in part. As a rule, it is understood when proposing such a demand that some clause is vitiated by some irregularity, requiring regulation by the Judiciary to equalize such document.
Furthermore, the concern of the new Code of Civil Buy Phone Number List Procedure with the volume of actions is latent, precisely when it foresees strong work by conciliators and mediators, important points for us to achieve the effectiveness of Justice as soon as possible, something so sought after by us, jurists. The fact is that, even though there is great concern among all legal entities with assistance to the Judiciary, we have that some actions are proposed solely to postpone administrative aspects or various payments (with caution in the analysis) and, in this aspect, the action revision sometimes loses the scope of balancing a contract with erroneous points, but rather, the ability to try to stop an undue payment or collection in court.
With this and after some discussions in a revisional action with final and unappealable judgment, we assess that there is a tendency for some litigants to claim prescription of a certain contract, charge or contractual clause, however, such an understanding should not prosper, whether for technical or material reasons and formal, as we will now explain with emphasis. Revisional Action Revisional action, in itself, is the demand proposed by the consumer or client (whether an individual or legal entity) against companies or not in general (broad sense), aiming to review provisions or contractual clauses existing in a contractual agreement, provoking the Power Judiciary for manifestation or equalization of contracts in whole or in part. As a rule, it is understood when proposing such a demand that some clause is vitiated by some irregularity, requiring regulation by the Judiciary to equalize such document.