Fixação de honorários de sucumbência em decisões de decretação de prescrição extintiva

Abstract

This study analyzes the awarding of attorney’s fees (“honorários de sucumbência”) in judicial decisions that declare extinctive prescription, understood as the loss of the right of action due to the passage of time without affecting the right itself. It also discusses the differences between prescription and decadence, as well as the types of prescription — extinctive, intercorrente (intercurrent), and acquisitive. The central issue addressed concerns the recognition of attorney’s fees in cases of extinctive prescription and the improper use, by some parties, of attempts to reclassify extinctive prescription as intercurrent prescription in order to avoid the imposition of attorney’s fees. The research focuses on the jurisprudence of the Superior Court of Justice (STJ), particularly in cases involving extinctive prescription. The methodology adopted consists of a bibliographical review of doctrinal works, legal articles, and academic journals, complemented by the analysis of relevant judicial precedents on the matter.