A multa por litigância em má-fé recursal e a construção como requisito de admissibilidade e suas exceções

Abstract

This study examines the fine imposed for bad-faith litigation in appellate proceedings, its types, grounds of application, and exceptions, and, above all, the incorporation of such fine as an admissibility requirement for subsequent appeals within the appellate system of the current Brazilian Code of Civil Procedure. Based on the notion of procedural regularity as a macro-admissibility requirement, the research analyzes the distinction between the general fine provided for in article 80, VII, of the Code of Civil Procedure and the specific fines set forth in articles 1.021, § 4, and 1.026, §§ 2 and 3, both of which pertain to interlocutory appeals (internal appeals) and motions for clarification (motions for reconsideration/clarification). The purpose is to delineate the grounds for application, the limits of such fines in relation to other appellate remedies, and the exceptions to the requirement of prior payment of the fine as an admissibility condition for appellate review.