A execução de alimentos face a lei n° 11.232/2005.

Abstract

In elapsing of the years it has been observed that it had many alterations with regard to the execution proceeding in intention to improve to give to more effectiveness and procedural velocity, and this comes evolving with passing of the years. From the validity of Law 11,232/2005 more the execution proceeding of judicial executive heading does not exist. For the fulfillment of the conviction for certain amount the creditor is enough to petition in files of legal documents of the discovery process. The fact of the law to have silenced on food execution cannot lead the idea of that the lack of modification of articles 732 and 735 of the CPC, imposes the maintenance of the delayed execution proceeding, inasmuch as it would come to oppose the proper objective of the law, that is to give bigger velocity to the executive effect. The interpretation of the legal system in the gift in case that it must be the teleologic one, it has seen that the food execution, as already related, demands greater promptness of the Judiciary one, given to the importance and premencia of the alimentary mount of money. Therefore, it is with this objective that if bases the present research, to better delineate the application of Law 11.232/2005, in the attempt to apply this the food execution, giving, thus, a bigger procedural velocity . For in such a way the bibliographical research, the exegetic-legal one is appealed to it, and evolution description, systemize the study in three chapters. In the first chapter about d will be approached the foods in general lines, appraising them, classifying them, and the jurisdictional form of as to search this right. As the chapter will deal with the food execution and its procedures, its concept, legal forecast, procedural aspects, effectiveness of the execution of foods. E finally, in the third chapter, will approach it application of Law 11.232/2005 the food execution, its legal forecast, the doctrinal divergence and jurisprudential concerning the subject, that is currently sufficiently is argued in the legal world.