Repensando a sentença condicional: da proibição à consolidação como instrumento de gestão processual

Abstract

This dissertation aims to challenge the traditional view that conditional sentences have no place within the Brazilian legal framework. Although commonly defined as sentences whose effects depend on a future and uncertain event, the prohibition of conditional sentences arises from the perception that they invariably lead to legal uncertainty, a notion that is not entirely accurate. While the predominant doctrinal position rejects the conditional sentence as a legal institution, some jurists acknowledge its practical application. Case law demonstrates that an absolute prohibition does not align with actual practice of the courts. Therefore, to differentiate lawful conditional sentences from those that genuinely cause legal uncertainty, this study proposes a revised concept of the conditional sentence, one that more precisely captures the nuances of the institution. When applied meticulously and consistently, such a lawful conditional sentence has the potential to strengthen legal certainty and enhance the efficiency of judicial proceedings.