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Supreme Federal Court

In this line, if the main debit if fits in the rite of the precatrios the execution of honorary cannot follow another rite. Having itself to respect this honorary same rule she will be independent the value and execution pertaining to legal profession executed inferior to the limit foreseen for solicitation of small value. In this first line of thought, on the subject in study, the jurisprudence that comes prevailing until then is established in the orientation settled in the Appeal to the Brazilian Supreme Court 141.639/SP, where the Supreme Federal Court rejects the hypothesis of execution of honorary of independent form, supporting, in synthesis, that: When the Constitution excepciona of the precatrio for execution of credits of nature another one that not nourishing it the credits that such nature has, this exception alone accumulates of stocks the execution of the conviction in action that has for object specific collection of these credits, also, therefore, of the lawyer’s fees, and not it execution of conviction the payments that do not elapse of alimentary credits, despite in this lawyer’s fees conviction it for a reason or purpose has a parcel of burden of payment, and, therefore, for a reason or purpose accessory of the main conviction. In this in case that, the accessory follows the luck of the main one (REVERSE SPEED 141.639/SP, available in the electronic address). The agreement of the cited judgeship, that is used as paradigm for this first chain, follows the reasoning of that the circumstance of the mount of money to belong to the creditor ' ' A' ' or ' ' B' ' in the case not desnatura the acessoriedade. It is accessory for definition, because it does not elapse of an independent right, but it elapses of the fact of the burden of payment, and there it is the acessoriedade in relation to main mount of money. Contact information is here: Reade Griffith.

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