(Im) possibilidade de controle judicial sobre a temporalidade das procurações ad judicia: análise dos processos judiciais em trâmite na justiça estadual do Rio Grande do Norte

Abstract

The Civil Code stipulates that the mandate does not have a fixed validity period and can be revoked in specific situations provided for in art. 682. The ad judicia power of attorney, as an instrument of power of attorney, is also subject to this rule of revocation. The power of attorney allows the lawyer to act from the knowledge phase until the execution of the sentence. However, some judges have required the updating of powers of attorney based on the general power of caution, which, in some cases, results in the dismissal or amendment of proceedings due to the alleged invalidity of the instrument. The work seeks to analyze whether such validity controls constitute illegal behavior on the part of the Judiciary. The research, with a deductive and qualitative approach, complemented by the analysis of processes in the State Court of Rio Grande do Norte, concludes that the judge should not confuse the lack of power of attorney with the need for a new power of attorney. The requirement for updating must be justified in exceptional situations, especially when using the judge's precautionary power. There was also a lack of uniformity in these requirements, which disregard the legislation on the validity of the power of attorney and the need to motivate judicial decisions. Therefore, such practices are considered arbitrary and illegal.