Comentários à nova lei de reforma do Processo de Execução n. 11.232, de 22/12/2005.
The objective of this study is to demonstrate that the procedures governing Execution Proceedings have been undergoing profound transformations to ensure their effectiveness and usefulness to those who seek this remedy from the courts. For a long time, the concept of independent and autonomous execu...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade FUMEC, Faculdade de Ciências Humanas, Sociais e da Saúde
2007
|
| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4047615 |
| Source: | Meritum, ISSN 2238-6939, Vol. 2, Nº. 2, 2007, pags. 301-334 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The objective of this study is to demonstrate that the
procedures governing Execution Proceedings have been undergoing
profound transformations to ensure their effectiveness and
usefulness to those who seek this remedy from the courts. For a
long time, the concept of independent and autonomous execution
proceedings was formalized. This concept meant that a new lawsuit
was begun after the main lawsuit was concluded, in the case of
execution of court judgments. Without underestimating the
importance of execution proceedings, Law No. 11.232/2005 placed
the execution of court judgments into the main lawsuit, benefiting
the so-called �syncretic proceedings.� In this type of procedure, an
execution is performed within the scope of the main lawsuit.
Without a doubt, this leads to a much faster resolution of conflicts.
Law No.11.232/2005 consolidated reforms in the scope of execution
that had occurred for executions of �thing certain or thing uncertain�
and �obligation to do or not to do.� Thus, the only separate execution
proceedings that remained were those to �pay sum certain�, which
the new law has now covered. This is what we have analyzed in
this simple study. |
|---|