Nova sistemática do cumprimento de sentença e a Lei 11.232/05.

Abstract

The monographic work is called: The new systematics of the sentence fulfilment and Law 11.232/05. For the concretion of the research the bibliographical and exegectelegal method was adopted. The State with its power of jurisdiction, is used of the process to decide the litigations that it are submitted, to carry through the guardianship to the rights of the citizens well. For the accomplishment of this purpose of the Judiciary Power new laws appear and others are adapted the new social reality, are what it happens with Law 11.232/05. The presented law as revoker of the relative devices to the execution established in judicial heading institutes, in substitution to this procedure, the phase of fulfilment of the sentence in the discovery process. Convention tach, however, that the new law does not extinguish the execution proceeding all, which continue existing with all its principles. It has in truth, only one modification in the processing of the execution of judicial headings, that now starts to compose just the called phase of fulfilment of the sentence, but remain valid, the general disposals of the diverse species of execution, a time that this law did not modify the referring devices to the execution established in extrajudicial headings, which remain prevailed for Heading II of Book II of the Code of Civil action. The law still brought interesting changes, such as: the indication for the creditor of good to be distrained; the removal of personal summons of the executed one; the impugnation of the debtor as half of defense of this in the executive proceeding, substituting the embargoes; e, finally, the elimination of the existing duplicity between know process and execution proceeding for the fulfilment of the judicial sentence. In regards to impugnation it is good, to make an exception, therefore the same if it does not apply if the passive citizen of the executive relation will be the Public Farm, keeping the benefits of the same one. Beyond these significant changes, it can be spoken of the new concept of sentence made for this law, understanding that the related act is not enough stops for term to the process. This law was promulgated by the legislator aiming at to reach the celerity as well as the instruct of the execution proceeding, taking care of certain it forms the yearnings of the collective and some jurists.