THE TU QUOQUE PRINCIPLE CONCEPT, CONSISTENCY AND ANALYSIS OF USE IN PROCEDURAL PRACTICE

Abstract

This article analyzes the use of the tu quoque institute in all the decisions of the Tribunal de Justiça de São Paulo and the Tribunal Regional Federal of the third region, in the period between 2018 and 2020. Before entering the practical studies, the tu quoque origins and consistency must be understood. The first one has its emergence on the painful scream of Julio Cesar, when he found out his son Brutus was one of those who were conspiring to his downfall: “even you, Brutus?”. In the other hand, it is to be understood that tu quoque is part of the Own Acts Theory, which belongs, by its turn, to the Objective Good Faith. Overall, the tu quoque consists in blocking one of the parts surprising and irregular behavior. Nevertheless, this work will have its analytical preference based on the contracts space of discussing. This way being, certain part violates a norm and, in an unexpected way and with improbity, tries to use the situation created from that violation in their favor. The main criteria of this article will be the observance of how the courts above written fulfill the necessary requirements to well use the tu quoque institute. To this end, it was used bibliographical, jurisprudential and legislative research as for the methodology. In the end, it is possible to ascertain, with the support of the inductive method, the poor field of study of the tu quoque institute, which sometimes leads to its misuse.