Name: TAINÁ DA SILVA MOREIRA
Publication date: 29/04/2022
Advisor:
Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Internal Examiner * |
| TRÍCIA NAVARRO XAVIER CABRAL | Internal Examiner * |
Summary: The present work deals with the Autocomposition in Enforcement for Certain
Amount against Solvent Debtor and aims to demonstrate that the expropriation
executive procedure, although apparently rigid, contains openings that are
provided for in an unsystematic way in the legislation, which is why they
even allow the execution of agreements in the executive phase. The
possibility of autocomposition in the execution is justified, mainly, by the
Multidoor Access to Justice model adopted by CPC/2015, which offers different
and appropriate methods of conflict resolution at any procedural stage, in
order to shorten the resolution of the dispute brought in court. Thus, there
is nothing to prevent multidoor justice from also being applied in the
executive phase. As if the incentive to the consensual solution of conflicts
by the CPC/2015 were not enough, the procedural diploma, despite allowing the
execution of agreements for differentiated fulfillment of the obligation,
also authorizes procedural flexibility, of fundamental importance in the
execution that is usually guided by stricter rules. From the adaptation of
the executive acts to the will of the parties, it becomes possible to achieve
the substantive right pursued in a different way from the one traditionally
offered to those involved. In that regard, the incentive to autocomposition,
combined with the change of posture of the parties and the flexibility of the
techniques, in the face of the difficulty of payment, can lead to the
achievement of a more effective and faster way of satisfying the obligation
translated into a security, considering, above all, the possibilities and the
factual situation of the jurisdictions in this procedural phase object of the
study.
Keywords: execution for certain amount; flexibility; material law; procedure;
autocomposition; effectiveness.
