Do cumprimento da sentença e seus aspectos de acordo com o projeto do novo Código de Processo Civil

Abstract

The current paper among other subjects presents some innovations brought upon by Law nº 11.232/2005 and the application of civil penalty imposed pursuant to Article 475-J, from the Brazilian Code of Civil Procedure in view of the new process "syncretism" – under which unified the cognitive procedure, liquidation and foreclosure procedure together- and the correspondent procedure to be followed in order to apply the ten percent penalty fee due to a non-voluntary submission to foreclosure. Thus, it is intended with the present thesis to study the new foreclosure procedure, always searching for the use of the best hermeneutics in order to sustain the rights and guarantees of the debtor, taking into consideration the constitutional principles of celerity and legal certainty, observing if there is the need to summon the defeated party, and also to whom this procedural act would be directed, whether to the party or to its relevant attorney, to subsequently start counting the term of referred penalty. Moreover, taking into consideration a new Code of Civil Procedure is about to be enacted, it is important to understand and interpret its new amendments as regards to award foreclosure procedure and also to diminish many controversial issues between Courts and Scholars.