ARAGÃO, G. G.; ARAGÃO, Geórgia Graziela.
Resumo:
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).