The excessive use of the Venire contra Factum Proprium principal

• Grant number: 13/10824-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2013
• End date: September 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Luciano de Camargo Penteado
• Grantee: Isabela Maria Lopes Bolotti
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The Project will start from the definition the Venire Contra Factum Proprium, is the prohibition of contradictory behavior which will hurt the confidence of the subject, causing some damage. Also will detail what the requirements to which this principal applies and be used consistently and correctly. This introduction is necessary in view the ultimate goal of this project is to show if and how the Venire Contra Factum Proprium has been used arbitrarily in the judicial decisions, elucidating also why of the excessive utilization of this principle and how this attitude can generate, in theory, serious future consequences. Among which a big regression before the conquest that was the acceptance of this principal by the Civil Code 2002 and the Federal Constitution 1988, because the excessive use could cause the loss of the meaning and the application of this principal. The prove of the excessive utilization of this principal by the judicial decisions will be find analyzing judicial decisions which proves the theory that have use this principal so inappropriate and exaggerated.