CPC comentado. Valor da causa (arts. 291 a 293)

Summary

In this legal tutorial, Professor Marcelo Fischer da Silveira discusses the practical aspects of determining the value of a cause in Brazilian Civil Procedure Law. He explains that every cause, including those without immediate economic content, is assigned a value which can impact various aspects of the legal process, such as the calculation of costs and attorney fees. The professor provides detailed examples to illustrate the calculation methods outlined in Article 292 of the Civil Procedure Code, covering different types of legal actions like debt recovery, nullification of legal acts, and claims for alimony or damages. He also highlights the importance of correctly valuing the cause to avoid procedural complications and the potential for the judge to correct the value ex officio.

Takeaways

• 📚 The video is an educational discussion about the Brazilian Civil Procedure Code, specifically focusing on the topic of 'valor da causa' or 'value of the cause' in legal proceedings.
• 👨‍🏫 The speaker, Marcelo Fischer da Silveira, clarifies that this is not a full law course but practical comments on the Civil Procedure Code, and promotes a more in-depth Civil Law course for further study.
• 📈 The 'valor da causa' is assigned to every legal cause and is crucial for determining various practical effects such as potential attorney fees, tax calculations, and initial lawsuit deposits.
• 💰 Article 292 of the Civil Procedure Code outlines how to calculate the value of the cause, which includes factors like the principal amount, interest, and any penalties up to the date of the lawsuit filing.
• 📝 The script provides examples to illustrate the calculation of 'valor da causa' in different types of legal actions, such as debt collection, nullification of legal acts, and claims for alimony.
• 🔢 For actions involving installment payments, the value is calculated as the sum of 12 monthly payments, as demonstrated with an example of a lawsuit for monthly alimony payments.
• 🏡 In cases of property division or demarcation, the value of the cause is determined by the evaluation of the area or property in question, or the portion claimed by the plaintiff.
• 🤝 When multiple claims are made, the value of the cause is the sum of all individual claims, unless they are alternative, in which case only the highest value is considered.
• ⚖️ The judge has the power to correct the value of the cause ex officio if it does not correspond to the economic content or benefit sought by the plaintiff, as per Article 293.
• 🚫 The defendant has the right to challenge the value assigned to the cause by the plaintiff, but failure to do so may lead to preclusion, meaning they cannot raise the issue later in the proceedings.

Q & A

What is the main purpose of the video script?

The main purpose of the video script is to provide practical commentary on the Brazilian Civil Procedure Code, specifically discussing the topic of 'valor da causa' or the value of the cause in legal terms.

Why does the professor emphasize that this is not a Civil Law course?

The professor emphasizes that this is not a Civil Law course to clarify that the content is focused on practical commentary rather than in-depth legal education, and those seeking a comprehensive understanding should consider enrolling in a complete Civil Law course.

What are the practical effects of determining the value of the cause in a legal case?

The practical effects of determining the value of the cause include its impact on the final judgment for costs, such as attorney fees based on a percentage of the cause value, and its role in calculating taxes and fees associated with the legal process.

How is the value of the cause calculated according to Article 292 of the Civil Procedure Code?

According to Article 292, the value of the cause is determined from the initial petition or counterclaim and includes the monetary sum corrected for any principal amount, overdue interest, and other penalties up to the date the lawsuit is filed.

What is an example of how to calculate the value of the cause in a debt collection action?

In a debt collection action, the value of the cause would include the principal amount of the debt, corrected for monetary inflation, plus any overdue interest and other penalties, if applicable, up to the date the lawsuit is filed.

What is the significance of the value of the cause in actions involving legal acts?

In actions involving legal acts, the value of the cause can be the value of the act itself or the disputed part of it, which helps in determining the economic scope of the claim and the potential compensation or damages.

How does the value of the cause differ between alternative and subsidiary claims?

For alternative claims, the value of the cause is the sum of all the claims, as they are not mutually exclusive. However, for subsidiary claims, only the value of the main claim is considered, as subsidiary claims are secondary and depend on the main claim.

What is the purpose of paragraph 1 of Article 292 in relation to claims for past and future installments?

Paragraph 1 of Article 292 states that when claiming for past and future installments, only the value of one year's installments should be considered if the obligation is for an indefinite period or more than a year. If the obligation is for less than a year, the sum of the installments for that period is considered.

What is the role of the judge in correcting the value of the cause according to Article 293?

According to Article 293, the judge can correct the value of the cause ex officio and by arbitration if it does not correspond to the economic content in dispute or the economic benefit sought by the claimant. This can lead to the recalculation of the costs.

What is the consequence if the defendant does not challenge the value of the cause assigned by the claimant?

If the defendant does not challenge the value of the cause assigned by the claimant in a timely manner, they risk being precluded from raising this issue later in the proceedings, which means they can no longer dispute the value of the cause.