Simple Assistance

To the measure that the procedural law was acquiring its autonomy front to the material right, the eminently procedural nature of the part concept was perceived with clarity. Currently, the doctrine searchs to exclusively point out the concept of part in the scope of the process, disentailing it total of the legal relationship material' '. 6 The distinction carried through concerning the part concept shows of basic importance if to analyze, for example, the writing of art. 472 of the CPC that prays the following one: ' ' the sentence makes considered thing to the parts between which it is given, not benefiting, nor harming terceiros' '. In other words, it only has the legal sphere reached by the effect of the considered thing the parts of process, never third. This means that strange to the definitive procedural relation they can suffer its effect if enter the process and only start to configure as part of it.

7 Finally, coming back to the consideraes regarding the assistance, valley to stand out that it is cabvel to any time and in any degree of jurisdiction, saved some exceptions. The Federal Solicitor, Guillermo Beux Nassif Azem explains: ' ' The assistance has cabimento in all the types of process (knowledge, action for a provisional remedy and execution, the last one if established in extrajudicial heading or the incidental processes embargoes and liquidation). It is allowed to any time and in all the jurisdiction degrees. The assistant receives the process in the state where this if finds (CPC, art. 50, only paragraph). In the procedures of voluntary jurisdiction, for not having it deals, it does not fit assistncia' '. 8 1.1 Of the Simple Assistance (or Adhesive). The simple assistance ' ' he occurs when the assistant defends indirect legal interest. It possesss relation with the attended one, and not with the other parte' ' 9.