POSSIBILIDADE DE AMPLIAÇÃO DAS HIPÓTESES DE MAJORAÇÃO DOS HONORÁRIOS SUCUMBENCIAIS EM SEDE DE RECURSOS, SOB A ÓTICA DO DISPOSTO NO ART. 85, § 11, DO CÓDIGO DE PROCESSO CIVIL DE 2015

Abstract

wever, When interpreting the § 11 of art. 85, which inserted the duty of the court to increase, when judging an appeal, the fees previously set, taking into account the additional work carried out at the appellate level, the Superior Court of Justice has understood that the appellate fees are not levied on all appeals, but only when a new appellate degree is instituted. Considering this comprehension, it is understood that it is not appropriate to increase the succumbential fees in an internal appeal and appeal for clarification, based on an exegesis of the provisions of art. 85, § 11, of the CPC, taking into account that such appeals do not initiate a new level of jurisdiction. With that in mind, the present work performs a critical analysis of this understanding, making an interpretation of the device, in order to verify the possibility of expanding the hypotheses of increasing the succumbential fees in appeals, in particular the internal appeal and appeal for clarification. Finally, it is concluded that § 11 of art. 85 does not limit the hypotheses of increasing the appellate fees only to the inauguration of the appellate degree or just a few appeals. In fact, from the exegesis of the provisions of § 1 of the same art. 85, it is appropriate to increase the fees in the judgment of all appeals, including the internal appeal and appeal for clarification, with the exception of the latter when opposed with merely integrative effects, that is, without infringing effects.