Intervening prescription and defeat: It is necessary to react to the undue punishment of the creditor who resists prescription.

The article “Intercurrent Prescription and Costs: It is necessary to react to the undue punishment of the creditor who resists prescription”, authored by Raissa di Carlo Carvalho Oliveira, was published in the Legal Question column of Migalhas.

The text addresses the controversy surrounding the imposition of success fees in cases of intervening prescription, especially when the creditor acted diligently during the enforcement proceedings.

The author argues that the plaintiff's resistance to the recognition of the statute of limitations represents a legitimate exercise of the right to a fair hearing and full defense, and is not sufficient to justify their being ordered to pay the costs of the proceedings.

By analyzing procedural law and the jurisprudence of the Superior Court of Justice (STJ), the article warns of the risk of transforming the statute of limitations into an instrument of punishment for diligent creditors. Click here to read the full article .