THE REDIRECTION OF THE EXECUTION OF EXTRAJUDICIAL EXECUTIVE TITLE IN FACE OF THE COMPANION OF THE EXECUTED DUE TO PROPERTY LIABILITY
Name: SCHAMYR PANCIERI VERMELHO
Publication date: 09/05/2024
Examining board:
Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Presidente |
| BRUNA LYRA DUQUE | Examinador Externo |
| MARCELO ABELHA RODRIGUES | Examinador Interno |
Summary: The present study endeavors to scrutinize the redirectionof the execution of an extrajudicial executive title the partner of thedebtor who was not part to the creation of the executive instrument. Theresearch aims to elucidate the implications and legal underpinnings of thispractice, with particular emphasis on the application of property liabilityas a pivotal aspect within this context. To achieve this objective, theinitial focus is on elucidating the concepts of the executive process andproperty liability, followed by an exploration of the role of liabilitieswithin the executive process. Subsequently, the study delves deeper into thelaw provisions concerning the property liability of spouses and partners, asstipulated in Article 790, item IV of the Code of Civil Procedure. Thisculminates in the final chapter, which endeavors to draw conclusionsregarding the necessity of instituting a procedural mechanism capable ofsafeguarding the due process rights of the defendant's companion prior to anyredirection of the execution that might impinge upon their personal assets.The research methodology adopts a qualitative approach, incorporating athorough review of pertinent literature, analysis of jurisprudentialprecedents, and examination of practical case studies. It has also beenexamined the Brazilian and Portuguese legislations. Through thismethodological framework, the aim is to provide a comprehensive and nuancedunderstanding of the subject matter, drawing upon doctrinal perspectives andlegal frameworks from both Brazilian and Portuguese jurisdictions. Thesignificance of this research is twofold: it serves a social purpose byseeking to safeguard the fundamental rights of individuals engaged ininformal relationships, while also addressing a technical lacuna within theBrazilian legal system, wherein there currently exists no procedural modelcapable of ensuring due process rights in instances of execution redirectionagainst a debtor's companion who was not part to the formation of theexecutive title.
