Teoria do adimplemento substancial enquanto exceção de direito material na relação obrigacional vista como um processo

Abstract

In view of the fact that the obligational relationship can no longer be perceived as a static legal category and yet, due to the fact that the obligation no longer shows a mere interaction between opposing parties whose willful imperative overrode the righteousness of the negotiation based on general duties of demeanor, there arises the need to assess the Substantial Performance Doctrine in light of an open legal system that is aimed at turning the dictates of the 1988 Constitution into reality when it comes to private dealings, thus resulting in what is commonly referred to as Civil-Constitutional Law. Therefore, one chooses to look into the said doctrine by taking obligation as a proceeding focused on disrupting obligational relationships. Furthermore, an assessment is needed of how the Substantial Performance Doctrine works when it comes to external procedures, how it becomes known, and what its impact on procedural rules that deal with Substantive Law exceptions is. In conclusion, boundaries are drawn that home in on the Theory, allow its historical development in the Superior Court of Justice to be assessed, and work as a foundation for the entire Brazilian legal system.