Substantial contradictory and the principle of the prohibition of surprise decision in the civil process

Abstract

The Civil Procedure Code of 2015 has brought several innovations. One of them is the materialization of some principles into positive legislation. This present research will focus on the principles of the contradictory and the prohibition of surprise decision with the main objective of answering the following question: what is the relationship and applicability between the principle of the contradictory and the prohibition of surprise decision? To that end, both concepts and characteristics of these principles were analysed, as well as the relationship and applicability of both principles within the Civil Procedure Code.  The methodology applied in this research was based on deductive approach, bibliographic techniques, jurisprudential and documentary research, as well as doctrinal reviews, published scientific articles and the analysis of Brazilian legislation. After due ponderation, it became evident that in order to adequately protect the law, the contradictory must be effective even when regarding issues of public order. In such cases, the parties must be brought together so that the communication between the subjects of the process of law is made possible and through the power of influence exercised over the pronouncements made by the Judiciary, avoid decisions that can surprise the parties involved.