Impugnação ao cumprimento de sentença e perspectivas ante o projeto de Lei nº166/2010 (novo código de processo civil).

Abstract

This paper provides an overview of the implementation of the changes under judicial proceedings brought on the novel by Law No. 11.232/2005, and the elements that constitute a new structure of the implementation process before the process of knowledge, now calling itself the fulfillment of Judgement. Its goal is to demonstrate the greatest bonds of the defendant's appeal as an instrument that came to replace the debtor Embargoes. Exposing the junction of the procedural stage of knowledge to the executive.Within this perspective syncretic law no longer requires the service, which previously began a new legal situation and sometimes denoted inordinate delay in the procedure. The act appropriate to give science the defendant is now the subpoena great innovation that contributes to a more effective process, rejecting the archaic devices, without prejudice to the principle of the prediction by the institute in question, a challenge. Another feature worth mentioning concerns the legal nature, which sometimes seems so incidental, sometimes action and even hybrid aspect. Plotting all the parameters, it is observed that the legislation brought to fore aims to produce more quickly to executive protection, observed by the viewpoint of compliance with sentencing, especially for Challenge of the debtor, while respecting the constitutional principle of due process between the parties.