A VEDAÇÃO DAS DECISÕES SURPRESAS: sua aplicabilidade no âmbito do Processo Civil

Abstract

There are matters in which the court may decide ex officio, that is, without the parties having to bring the judge to such an act. With the new Code of Civil Procedure, the judge, even if it is an ex officio matter, can no longer act without giving prior right of manifestation to the parties. Before giving a decision, it is advisable to give the parties the opportunity to express themselves, which is very important, since it amplifies the principle of the adversary and legitimates the outcome of the proceedings, since it ends up being a result constructed by the parties. And secondly, it increases the amount of information, and improves the quality of the decision. The adversary is important because it allows the parties interested in the outcome of the process to bring more elements to the magistrate, so that it can give a decision of better quality. With that, Article 10 prohibits, these surprises, legitimizes and provides more quality for such a decision, and consequently, will not have delays in the process.