Ação monitória contra a fazenda pública.

Abstract

The search for the effectiveness of the process has been orientating the labor of the postmodern jurists, undone that you are for the aspect conclud of the jurisdictional activity of the State. In this wheat field, it is possible to retake the discussion concerning the action monitoria, investigating her under the following theme: "Action monitoria against the public farm", that it makes possible as problem and hypothesis: is there incompatibility in the application of the procedure monitorio in disfavor of Public Finance? No, it is perfectly viable Acao Monitoria's interference against Public Finance without there is wound to the constitutional devices or of the Code of civil procedure. The relevance of the theme consists of the need of solving the doctrinaire noise and jurisprudential put concerning the subject and, therefore, they are objective of this research: the study of the action monitoria in their doctrinaire and legal aspects and the critical analysis of the theories and arguments already built on the theme. The methods used during the work, which are: the exegetico-juridical allow the reach of the proposed objectives and, as result, the confirmation of the problem and hypothesis previously formulated. Like this, the work was structured in three chapters: in the first chapter a historical abbreviation of the institute will be explored, from his appearance to the current days, being analyzed the etymology of the term momtorio beforehand in Latin; the second chapter will demonstrate in that it consists the Action Monitoria, analyzing his concept, their beginnings norteadores, juridical nature, I object, pertinence legitimacy to act, their requirements of admissibility, competence and the procedure momtorio; in the third party and last chapter will be brought a discussion concerning the possibility of interference of this action against the State, discovering the positionings in favor and against.