Considerações sobre o reconhecimento da procedência do pedido (art. 269, II, CPC)

Abstract

This monograph is scope to analyze the institution of Acceptance of the demand referred to in item II of art. 269 of the Code of Civil Procedure. It mains to understand the possible ramifications procedural adoption of this strange procedural practice can generate in the lawsuits. In this tune, we analyzed some practical implications, and possible forms of acceptance, the scope of its extension, the rights that can be recognized, whether or not the possibility of retractable interest and appeal, these being the central objects of the present research as well as in the differentiation of this institution with judicial confession. Therefore, deductive method was used, using the vast research literature and case law research. During the making of the work can be seen that it is the recognition of a kind of institute selfcomposition resolution of the dispute, which nevertheless occur in relation inside procedure, quenching process with resolution of merit through the manifestation of the will of the party itself, preventing the judge from exercising an activity judgmental. Moreover, this institute, as well as transaction and renunciation reveal a mode of dismissal more consistent with the principles of the Federal Constitution, which provides that the Federative Republic of Brazil will be guided, among other pillars, the peaceful settlement of disputes. Finally, in conclusion, far from exhausting the subject, believed to have reached the goal of teaching work serve as a resource for a specific institute, and in a way, unexplored, waiting to serve this monograph to aid operators of law in general