Aplicabilidade da exceção de pré-executividade.

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.