SUCCUMBENTIAL FEES IN THE SCOPE OF MUNICIPAL PUBLIC ADVOCACY: OWNERSHIP, DIVISION AND ADMINISTRATIVE DISCRETION

Abstract

This article analyzes the legal nature, ownership, and distribution criteria of attorneys’ fees (honorários sucumbenciais) within municipal public advocacy. The research is based on Article 85, §19, of the 2015 Civil Procedure Code and examines how different federative entities have regulated the allocation of these amounts to public attorneys. The study, of bibliographic and documentary character, includes legislation from municipalities in Tocantins (Palmas, Gurupi, and Araguaína), as well as laws from other states, highlighting the plurality of possible models: from full allocation to the public treasury to distribution among active and retired public attorneys and even legal analysts. State courts confirm that these fees originally belong to the public entity, with local legislation determining the criteria for their allocation. The article concludes that the regulation of attorneys’ fees is a matter of municipal legislative policy, which must observe the principles of legality, proportionality, and transparency, without disregarding the recognition and appreciation of the public attorneys’ career.

DOI: https://doi.org/10.56238/edimpacto2025.057-011