Learning outcomes of the curricular unit
The unit involves two themes of civil procedure. The first is dedicated to executive action, addressing the procedural steps of specific executive actions, among them the enforcement order. Afterwards, we will address the executive procedure respecting the payment of a certain amount, beginning with the introductory phase and moving on to the attachment, sale and payment phases, the last of which provides the right to obtain effective compensation. In procedural opportune moments we will address declaratory appendages to the execution, such as opposition to execution and garnishment and lodging of claims. Finally, we will point out the differences in bureaucratic procedures respecting the payment of a certain amount and the provision for fact. The second theme relates to appeals. We will address the different types of appeals, assumptions and effects of ascent, and the respective specificities.
Syllabus
EXECUTIVE PROCEDURE: GENERAL NOTIONS
PROCEDURAL PRESUPPOSITIONS
Enforcement order
Enforceability, liquidity and certainty of obligation
QUESTIONS PRIOR TO EXECUTIVE ACTION
Computer-based registration of executions
The supervisory judge
The enforcement agent
ORDINARY EXECUTION FOR PAYMENT OF CERTAIN AMOUNT
introductory phase
Initial executive request
Eventual injunction order
Interpellation of the debtor
Opposition to execution
The phase of garnishment
Opposition to garnishment
- Raised by the debtor
- Raised by a third party. Third-party embargos
Summons and insolvency proceedings
Executive sales
Procurement of goods
Income consignment
SUMMARY EXECUTION FOR PAYMENT OF A CERTAIN AMOUNT
Characteristics
EXECCUTIONS TO DELIVER A CERTAIN THING AND DELIVERY FOR PROVISION OF FACT APPEALS
Generalities
Deadlines for interposition, allegation and counter-allegation
Impugnation of the factual basis
Types of appeals
Appeals to uniform court ruling and review
