ANTECEDENTES HISTÓRICOS DO PRINCÍPIO DA CONGRUÊNCIA:

A VÍNCULAÇÃO ENTRE JULGAMENTO E FÓRMULA NO PERÍODO CLÁSSICO DO DIREITO ROMANO

Abstract

This article examines the binding connection between judgment and formula in the classical period of Roman law. It notes that the iudex was bound by the instructions given in the formula, though there were several exceptions to this general rule, and demonstrates furthermore that the correlation was firmed, however indirectly, to the plaintiff´s complaint.
The subject is contextualized by panoramic analysis of the history of Roman law. The paper also discusses the contemporary procedural principle which prescribes that the judgment must restrain itself to what is requested through the prayer for relief, being referred similarities and dissimilarities between the ancient and the modern legal regime.