Denunciação da lide

Abstract

The research begins from human worries to create civil responsibility as motivation to development of civil rules. This development is linked to the evolution of parties and third party concepts, necessary to establish who could be affected by sentence. With the discovery of third party connected with the chosen disputed on the process, the third party claim proceeding is created, in which stands out the third party complaint by means of making the real responsible to pay for the damage. With the new civil code and modern tendencies of civil rules, it becomes necessary a new reading about third party complaint. What specially motivate the research are the changes related to the eviction, the per saltum, the anticipated guardianship, the legal nature of denunciation and the subjects of the procedural economy, the process as instrumental, the forms as instrumental, the objective to prevent conflicting decisions, the just decision and the conditions of the action. From the analysis of the data it was possible to reach the following conclusion: 1- the eviction in auction is very recent admitted as a way to assure justice in the decision and not to abandon the buyer – the eviction one; 2- not taking care of the alienator one to the denunciation, and being manifest the origin of the eviction, the buyer can leave to offer plea, or to use of resources when it will not have legal material relationship with that one; 3- the implead is right of the denouncer, therefore it is form to reach the procedural economy, which cannot be treated as obligation, but as attempt of installment of guardianship with the maximum of results and the minimum of efforts; 4- the direct conviction of the denounced front to the adversary of the denouncer is not possible, therefore joinder of parties between this does not exist and the denounced one, that he is not white of any pretension deduced in the main action; 5- the civil code of 2002 creates new species of reflected legal relationship between denounced denouncer and, allowing per saltum as form to sanction the procedural economy; 6- it Is admitted anticipation of guardianship in the denunciation, saved when, in the eviction cases, the denouncer will be of ownership of the thing in process. However, such guardianship is admitted when the mentally ill thing will be spoiled, except having deceit of the buyer.