Exceção de pré-executividade e seus efeitos no processo de execução.

Abstract

for many, but in fact already used there is more than 50 years. Thus, we objectified better to understand the execution process that a priori doesn't admit defense, mainly in the debtor's seizures, what is a myth in the civil processual right. Before, even so, and for best to understand it, we will make a brief historical report, placing the institute in an incidental way in the executive process, independently of the garnishment of goods of the executed. Before the use of the Exception of Pre-Executividade, consecrated and molded by the current doctrine, it just remained and so only the use of the seizures. Relatively to the defense of the executed (that is an universal warranty of base to whole process type) not very it was attempted after the processual reform happened with the coming of the Law no.. 5.869, of January 11, 1973, that changed our processual right substantially. And, still, the mini reforms of 1994, that it introduced in the processual system, for example, the institute of the anticipation of the it tutors. Which today won, besides, the approval of the jurisprudence. Like this, whole man that sees him improperly demanded he/she is entitled the of getting rid of the process the briefest possible. We cannot admit that executed him it can only be been worth of defense in the seizures and after the constriction of its goods, when the execution perishes for lack of presuppositions of the process, for example. In those cases the judge should act former occupation and if he doesn't make it, the appropriate medicine is the pre-executividade execution. Seizures are own thirst to discuss matter of high inquiry; matter of public order that should be recognized as soon as of occupation by the magistrate to receive the solemnities for the initial ruling; if he/she doesn't make it, it remains to the executed to remind it of that. It is the effect of the interference of the Exception of Preexecutividade it is exactly what it looks for it executed: the suspension, although insinuation, of the execution before the foundation of its defense. In the research of this work we stressed the method dialetico and the historical-juridical, with relationship to the methodology, he/she made himself the use of the bibliographical research (doctrine, jurisprudence, article of the internet, among other).