Exceção de pré-executoriedade: um estudo de caso em instituições financeiras.

Abstract

The study it intends to understand the main ones you reach and limits of the exception of daily pay-executividade in the procedural law, its beddings, critical consequences and, having as objective to describe its use and its the importance in the defense embargoes as half, identifying its insertion in the doctrinal construction. Our drawing of research implied a line of theoretical rescue, considering the exploratorio study of pertinent legal information to the purpose to provoke the documentary analysis of the same ones. We use the technique of brainstorming ot free and unconditional exploration of the information. The analysis allowed to inquire that technical the expression daily pay-executividade exception is inadequate, the legal way already consolidated it and it spread out it expressivamente, becoming common its denomination. The description of the subject has its pointed fundamental bedding in a procedural nullity, therefore if it deals with substance of public order, which, could be indicated by a simple petition in files of legal documents, detected for the State Judge, who would lock up soon of the executive judgement, with the extinguishing of the fact.