EXTRA VEL ULTRA PETITUM CONDEMNATION UNDER THE PERSPECTIVE OF THE RIGHT TO BE HEARD: THE PROHIBITION OF SURPRISE DECISIONS

Resumo

The purpose of this article is to analyze, based on doctrinal and jurisprudential understandings, the institute of extra vel ultra petitum condemnation, applicable to Portuguese Labor Procedure, from the perspective of the right to be heard, as a way, in theory, to avoid so-called surprise decisions. To do so, general notions regarding condemnation beyond the pleadings (established in Article 74 of the Labor Procedure Code) are initially addressed, followed by a conceptual attempt on the right to be heard, to finally reach the specific object of the research (stated above), to be examined mainly from the perspective of jurisprudence, field in which it finds greater depth. The methodological approach is deductive, because it is based on the study of general norms and concepts to subsequently investigate a specific phenomenon. It is also qualitative, because it is based on the analysis of doctrinal and jurisprudential understandings which, as known, are inherently subjective. Lastly, the research technique is bibliographic, grounded precisely in doctrinal and jurisprudential review, as well as current legislation.