A defesa do executado na nova execução de título judicial: a impugnação ao cumprimento da sentença

Abstract

The objective of this paper is to systemize and deepen in the study of contesting the fulfillment of the adjudication, in reason of its relevance, as it leads to the legal proceeding of the debtor resistance to the executive issue proposed by the creditor in the enforcement of judgment. The present study has aimed at detailing, with all particularities, the impugnation of the accomplishment of the judgment, analyzing: the procedural reversal, the juridical nature of the institute and its consequences, the need of the court executed warranty to its offer, the questions related to legality, the substances alleged and the boarding of the aspects related to the defense procedure. The focus during the whole study was not to relinquish the analysis of the controversial questions that involve the execution and its consequences in the impugnation. Finally, the aim was also treat the questions related to scientific and practice order, reproducing, when necessary, understanding of the studious and jurisprudential positions about the subject, in order to allow conclusions about the several questions boarded