Archive for March, 2015

Brazilian Civil Intervention

March 29th, 2015
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In view of this situation, the Code of Brazilian Civil action foresees the intervention of third in the civil action, exactly with the objective to make possible that strange people to the procedural relation, but that, have legal interest in the cause, can enter the process, becoming generally part, thus being able, to plead its interests in ' ' conjunto' ' with one of the originary parts. The statute supplies mentioned, diserta in articles 56 the 80 regarding the intervention of third, detaching four species of intervention: opposition, third party complaint, implead and third party notice. However, two figures exist more that must be enclosed in this category, namely: assistance and the resource of third wronged one. The proper Code of Civil action, in its Art. 280, I, recognizes such figures, when making use that ' ' in the summary procedure an incidental declaratory action, nor the intervention of third, saved assistance and resource of third prejudicado&#039 will not be permissible; '. 3 In this scientific work, we will go to take as study object the modality assistance, searching at a first moment to establish general slight knowledge concerning the same one, clarifying the difference enters the two species of assistance: simple (or adhesive) and qualified (or litisconsorcial). At as a moment to deal with the procedures and limitations for the performance of the assistants. finally, to clarify the effect proceeding from the sentence in face of the assistants.

1. Consideraes Pertinent regarding the Intervention of Third and the Assistance. The intervention of third, as already it was explained, appears to prevent that strange people to a procedural relation suffer, inert, the effect of the pronounced sentence to solve it. That is, it is a procedural institute that makes possible the intervention of third strangers to deals original, but that they have legal interest in its solution, making with that these can influence in the decision of the conflict.