Impugnação ao cumprimento da sentença

Abstract

The present study has by objective to identify the modifications introduced by the Law number 11.232/05 to the enforcement of judgement title substituted by the contesting of the fulfilment of the sentence, in reason of the procedural sincreticism, making a systematic analysis concerning this new mean of defense of the executed one, compiling the position of the legal opinion and the court precedents upon the subject. The work is introduced by a historical briefing of the old enforcement of execution of judicial title and the importance of this way of defense, as well as others (exception of preexecutividity and heterotopic defense), facing the constitutional garantees of the contradictory and of the wide defense, the importance of these instruments and its development in the Brazilian law. The enforcement defense in study is characterized by an approach on the fulfilment of the sentence, the legal nature of the enforcement defense and the decision in it pronounced and the feasible resources, discoursing, still, on the questions concerning the deadline for the offering of the enforcement defense, the substances object of the enforcement defense, the effects in wich it is received and the possibility of coexistence of other means of defense of the executed one. It also aims to solve questions concerning the survey of honorary pertaining to legal profession and the intemporal right