Name: CÍNTHIA SALDANHA LACERDA CUNHA
Type: MSc dissertation
Publication date: 03/05/2019
Advisor:
Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Co-advisor * |
Examining board:
| Name |
Role |
|---|---|
| MARCELO ABELHA RODRIGUES | Advisor * |
| THIAGO FERREIRA SIQUEIRA | Co advisor * |
| TRÍCIA NAVARRO XAVIER CABRAL | Internal Examiner * |
Summary: The study about the satisfaction-adjudication inserted in the area of Process, Constitutionality and Protection of Existential and Patrimonial Law of the stricto sensu Post-Graduation Program in Procedural Law of the Universidade Federal do Espírito Santo is developed from the verification of the indication of its requirement in legal proceedings analyzed in the so-called Adjudication and Statistic research. Even though it has been considered a preferential method of expropriation of assets of the obligor by the Law n. 11.382, from December 6th of 2006, the adjudication has become a little used measure in the forensic practice. During the development of the theme, the Roman Law is pointed as being the remote origin of the institute and the D. José Portuguese Law, from 1774, is considered as the legal mark of express existence of the adjudication. Then a critical analysis of the main aspects of its regulation in the current Code of Civil Procedure, instituted by the Law n. 13.105, from March 16th 2015, is made, followed by the given and applied interpretation of the Courts in the country, especially of the Superior Court of Justice. At last it is shown numerically in how many analyzed cases the adjudication was the chosen option by the execution creditor as the method expropriation enforcement.
