Aplicação do art. 745-A do Código de Processo Civil na execução trabalhista

Abstract

The effectiveness in the enforcement process, especially in the Labour Justice, wich deals with credits of maintenance nature, is always a goal to be pursued, but is still far from the ideal. In this search a growing number of tools are developed, and in a game of try and error little by little what works and what is ineffective is discovered. Among these tools emerges de possibility of aplication, in the labour enforcement process, of the article 745-A of the Code of Civil Procedure, in wich the debtor, in the deadline for his defense, can acknowledge the debt, pay 30%, and request the rest to be paid in up to 06 installments. The theme starts with a brief explanation about the basic principles applied in the labour enforcement process, such as effectiveness, reasonable duration of the process, lesser burden of the debtor; it follows with the requirements for the subsidiary application of the civil procedure to the labour procedure, wich are, compatibility between the rules and the omission of the consolidation of labour laws, including the modern theoris about the different kinds of gaps in the law. After these introductory notions arguments pro and com the possibility of payment in installments are presented, for both judicial and extrajudicial titles. At the end, there is a compilation of legal precedentes, as to show the lack of agreement both in doctrine and jurisprudence