Systematization and reconfiguration of
the monitory procedure in the 2015 Code of Civil Procedure
Name: LUIZ FELIPE MARTINE DIAS
Publication date: 14/05/2026
Examining board:
Name |
Role |
|---|---|
| CARLOS FREDERICO BASTOS PEREIRA | Examinador Externo |
| RODRIGO REIS MAZZEI | Examinador Interno |
| THIAGO FERREIRA SIQUEIRA | Examinador Interno |
| TIAGO FIGUEIREDO GONCALVES | Presidente |
Summary: Subject: the systematization and reconfiguration of the monitory procedure (payment
order procedure), with the purpose of providing it with dogmatic coherence and
repositioning it within the context of the current legal framework. Issue: The need for
further study and systematization of the monitory procedure in order to define and
reposition its acts, through the analysis of its special techniques and operability within the
context of the 2015 Code of Civil Procedure (CPC/15), as well as the jurisprudential and
dogmatic dissonance that compromises its effectiveness as a special procedure. Research
Question: in what way can the adequate systematization and dogmatic reconfiguration
of the monitory rite serves to resolve the jurisprudential divergences that distort its
specialty and compromise its purpose? Methodology: the methodology consisted of
documentary research of legal sources, including doctrine, national and foreign
legislation, and the jurisprudence of Brazilian courts, combined with the application of
the deductive method. Results: A coherent systematization of the monitory rite was
achieved, along with the reconfiguration of its specialized techniques. Contributions:
the research provides a genuine reanalysis of the injunction procedure, granting it the
necessary systematicity and dogmatic coherence, aligned not only with the dictates of the
current procedural law, but also with contemporary conceptions regarding specialized
jurisdictional rites.
