LUSTOSA, J. M.; LUSTOSA, José Moreira.
Abstract:
In this study, the institute of the Exception of Pre-Executividade will be treated, new
for many, but in reality already used there is more than 50 years. It will try
desmistificar the execution process that a priori doesn't admit defense, especially
in the debtor's seizures, what is a myth in the civil processualistica. Before,
however, and for best en-tende-lo, it will be made an abbreviation historical report,
placing the institute in your place for-prio, in other words, incidentalmente in the
executive process, independently of the penho-frog of goods of the executed.
Before the use of the institute, consecrated and moulded for the hodierna givequavers,
it just remained and so only the use of the seizures. Relatively to the
defense of the executed, that is a basic universal warranty to every type of iittie
process it was attempted after the procedural reform happened with the coming of
the Law no. 5.869, of January 11, 1973, that changed our procedural right
substantially. That without speaking of it mines reform of 1994, that it introduced in
the system, for instance, the institute of the anticipation of the it tutors jurisdicional.
Today, it already won, besides, I benepla-mention him/it of the jurisprudence.
Every man that sees her improperly disputed he has the di-reito of getting rid of the
process the more possible abbreviation. She cannot admit that the exe-cutado can
only be been worth of the defense in the seizures and after the expropriagao of
your goods, when the execution perishes for lack of procedural presuppositions, for
instance. In those cases the judge should act former officio and if he doesn't make
him/it, the medicine apropri-ado is the pre-executividade exception. Seizures are
own thirst to discuss ma-teria of high inquiry. Matter of public order should be
recognized as soon as by the magistrado oficiosamente receives the solemnities
for the initial ruling, if he/she doesn't make him/it, it remains to the executed to
remind him/it of that.
