Honorários advocatícios sucumbenciais em grau recursal: objetivo, requisitos e Tema 1.059 do STJ

Abstract

This academic paper aims to research appellate attorney's fees, legally provided for in Article 85, paragraph 11, of the 2015 Civil Procedure Code. When this provision was incorporated into Brazilian law, it represented a procedural innovation, as it not only compensates attorneys representing clients in higher courts but also serves as a deterrent to so-called dilatory appeals. To establish a clear understanding of its applicability, the Superior Court of Justice (STJ) ruled on Repetitive Theme 1059, which addresses the situations in which appellate fees apply and their scope. In examining this procedural provision, taking into account procedural speed—a guiding principle of the 2015 Civil Procedure Code—it is essential to analyze it in conjunction with the principle of double jurisdiction and the prohibition of reformatio in pejus (worsening of a judgment in the appeal process)