BU, A. G. D.; http://lattes.cnpq.br/8171157102855069; BU, Alex Guedes Duarte do.
Resumo:
This work deals with overcoming barriers regulatory, ontological and axiological to
the harmonized application of Law number 13.105/2015 to the labor execution
process. It‟s known that this Law innovated the dealings of matter, devoting a
separate chapter to the settlement of disputes. The point of the question here
discussed is to proceed to analysis of main changes occurred on the executory
phase and its applicability on labor process, without divorce of overcoming the gaps
and the principles relating to labor field. Firstly, we analyze the interpretative dialogue
among the articles 15 from CPNC and 769 from LLC, discussing about the
controversy around the possible revocation. Next, talks up on the stage of
compliance with labor sentence and the Civil Procedure New Code, vising to expose
the main changes of this new diploma relating it to the compliance enforcement of
obligations to pay and the new treatment given to fraudsters‟ execution, presenting
the appropriate penalties and its compatibility with labor law. In the end, we discuss
about attachment of assets and the new regulation given the matter by the new
procedural law, presenting the principal innovations, as well as the ways of defense
possible to the executed. The objective consists in get deeper on the study about the
Civil Procedure New Code, focusing on the main changes occurred and its
applicability to the labor executive phase, which has been target of critics by the
jurists, front of its practical ineffectiveness. In this study, we used the historical
method and the bibliographical research realized in books, laws, jurisprudence and
the web, with qualitative approach. Then, we expose coercive ways to avoid the
debtor to satisfy the obligations to pay, to make and not make, whether judicial or
extrajudicial enforcement, as well as the appropriate penalties for the breach of the
measure