Da possibilidade jurídica do pedido no processo de conhecimento

Denise Maria Weiss de Paula Machado

doi:10.5433/2178-8189.1997v1n0p215

Da possibilidade jurídica do pedido no processo de conhecimento

Authors

Denise Maria Weiss de Paula Machado Universidade Estadual de Londrina

DOI:

https://doi.org/10.5433/2178-8189.1997v1n0p215

Keywords:

Legal impediment to the application, Legal possibility of the application, Lack of action, Conditions of action.

Abstract

This paper intends to make a critical reflection about the demand's legal possibility as a condition of the demand's right, aiming to prove that, although the action's lack judgment, based on demand's legal impossibility, is defined by the legislator as a simply ending sentence, which wouldn't reach the demand's object, in fact, the decision, in most cases, is definitive, cause decides about the aspiration taken to the judge's knowledge. It's intented to demonstrate, thus, the incoherence between this condition's exigency and the processualistic's actual orientation, pointing to the conclusion that the demand's legal possibility, as a condition of the action's right, should be excluded of our processual legislation.

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Author Biography

Denise Maria Weiss de Paula Machado, Universidade Estadual de Londrina

Professora de Direito Processual Civil - PUB - UEL

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Published

2002-12-15

How to Cite

Machado, D. M. W. de P. (2002). Da possibilidade jurídica do pedido no processo de conhecimento. Scientia Iuris, 1, 215–235. https://doi.org/10.5433/2178-8189.1997v1n0p215

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Issue

Vol. 1 (1997)

Section

Artigos

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