Admissibility or merit?

The conditions of action analyzed by the 2015 Civil Procedure Code

Abstract

The article aims to carry out an analysis of the conditions of the action provided for in the Civil Procedure Code of 2015. For this purpose, brief considerations about the concept of action will be presented, as well as the influence of eclectic theory within the scope of the 1973 procedural law. In this context, there is a discussion about the maintenance of this category in the general theory of the process, causing one of the main theoretical dilemmas of the Brazilian civil process: do the conditions of the action have a legal nature of admissibility or merit? And yet, would the legal possibility of the request be a procedural or merit issue? Debating the legal nature of the conditions of the action and the conceptualization of said conditioning requirements, one arrives at one of the main theories related to this work, the so-called assertion theory. For the resolution of the problem, the deductive method was used, with analysis of the concepts foreseen in the general theory of the process, from the techniques of bibliographic and documentary research, since the mentioned institute underwent great changes with the validity of the current proceduralist code. It is concluded that, despite the doctrinal divergences and the adoption of the assertion theory, the Superior Court of Justice joined the code of civil procedure of 2015 and confirmed the understanding that the conditions of the action are procedural issues. The legal possibility of the request, in turn, fails to integrate the conditions of the action, so that its analysis consists of a matter of merit.