Legal Actions and Civil Procedure Principles

There is a clear demonstration of detachment regarding the character of laedere laws previously in force. It is for this reason that the extinction of the lease occurred, contrary to the established Civil Code of 1916, now repealed, which had a clearly individualistic orientation.

Property Rights and Civil Procedure

The subject of property rights includes possession, ownership, and rights in the real things of others. Ensuring the effectiveness of these rights is left to the rules of civil procedure, which is the object of special study in this work.

Research Objectives and Methodology

This research aims to briefly present the following subjects:

• Classification of shares
• Mandamental Action
• Declaratory and Restraining Orders
• Constituent Actions
• Theories of Individuation and Substantiation
• Cause of Action (near and remote)
• Cognition

The subject is complex; therefore, we will stick to the principles and provide a basic analysis of the main ideologues, especially Chiovenda and Pontes de Miranda. The report was compiled using a bibliography of doctrine, case law, and the latest resources available through virtual web searches.

Defining the Right of Action

Action is the legal way to ask a court for what is due. The action is the right to state protection and the defense of a public subjective interest, distinct from any concrete material right. It is essential to set a distinction between substantive law and the right of action.

José Frederico Marques defines the action as the right to seek judicial protection from the state to satisfy a regularly deducted claim. The action is not exactly a right to judicial protection itself, but the right to request such protection.

Requirements for Judicial Protection

According to the CPC (Civil Procedure Code), the Judiciary provides protection only if requested (Arts. 2, 36, 37, and 282). Service will not be achieved if:

• There is a lack of interest or legitimacy (Art. 3).
• Preconditions for a valid process are absent (Art. 267, IV).
• Conditions of action—legal possibility, legitimacy of parties, and procedural interest—are not met (Arts. 3 and 267, VI).

The nature of the right of action is subjective, public, abstract, and generic.

Classification of Knowledge Actions

Knowledge actions lead to a court-ordered remedy through a process where the judge becomes fully aware of the conflict of interest. This allows for a decision that extracts the rule of law applicable to the specific case.

Declaratory Actions

Actions aimed at a declaratory statement regarding a legal relationship seek to undo uncertainty and remove doubts between parties concerning their legal standing.

Sentencing Actions

Sentencing actions aim for a conviction of the defendant. These actions result in a sentence that declares the existence of a legal relationship and contains the application of a penalty or obligation.