Da possibilidade jurídica do pedido no processo de conhecimento
DOI:
https://doi.org/10.5433/2178-8189.1997v1n0p215Keywords:
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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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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