The STJ's Repetitive Theme 1.250 established important parameters for setting success fees in credit qualification and objection proceedings.
Given the existence of a genuine dispute, the precedent establishes distinct criteria for quantifying the legal fees, according to the subject matter of the controversy.
When the discussion centers on the existence or value of the credit, priority should be given to the economic benefit corresponding to the amount actually in dispute, observing the percentage criteria set forth in Article 85, § 2, of the CPC (Brazilian Code of Civil Procedure).
On the other hand, when the controversy relates to the enforceability, nature, or classification of the credit, or even to the legitimacy of the party, the fees must be fixed by equitable assessment, pursuant to Article 85, § 8, of the CPC.
The distinction is particularly relevant because, in these latter cases, the incident can produce significant legal consequences in the recovery or bankruptcy process without the discussion being directly related to altering the amount of the debt.
This is what happens, for example, when trying to determine its correct classification in the list of creditors.
Thus, Topic 1.250 establishes an important distinction for defining the legal fees awarded to the winning party: existence or value of the credit → effectively disputed economic benefit; enforceability, nature, classification or legitimacy → equitable assessment.
This understanding is especially relevant in insolvency proceedings involving claims of high economic value, where the definition of the criteria for setting costs can have a significant impact on the amount awarded to the winning party.
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