A força executiva das decisões de improcedência nas ações declaratórias de cunho negativo

Abstract

This article aims to analyze in due depth, the doctrinal and jurisprudential tendency, regarding the possibility of a litigant to execute declaratory actions, especially those of a negative nature, in which they are deemed unfounded. Nevertheless, the aim of this article is to demonstrate the arguments favorable to the doctrinal and jurisprudential tendency, with regard to utilitarian arguments related to speed and procedural economics. Furthermore, it is also intended by means of this to emphasize that not all declaratory demands judged negatively to the lack of the plaintiff's claims, would serve as an executive title to the defendant, in order to demonstrate the possible practical implications and possible antinomies that such a possibility would bring to the procedural ordering homeland